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HomeMy WebLinkAbout1998 - Fluoridation RESOLUTION NO. A RESOLUTION of the City of Bremerton, Washington providing for the submission to the qualified electors of the City at the February 2, 1999 Special Election, a Proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington' WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least twenty-five percent of the total votes cast for all candidates for Mayor at the last preceding City of Bremerton election, has been filed with the City Clerk as provided for in RCW 35 17 260 WHEREAS, the City Clerk, through the Kitsap County Auditor, on September 25, 1998, verified the sufficiency of the signatures thereto WHEREAS, RCW 35 17 260 provides for the matter to be presented to the City Council within 20 days of certification of sufficiency of signatures for either adoption of ordinance as proposed or to forward the initiative to election on February 2, 1999 WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the February Special Election WHEREAS, the Bremerton City Council by passage of this Resolution takes no position on the proposition in forwarding to this item to the County Auditor NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington' be placed on the February 2, 1999 Special Election BE IT FURTHER RESOLVED that the City Attorney shall draft and forward the appropriate ballot title to the County Auditor for the Proposition PASSED by the City Council of the City of Bremerton this 14th day of October 1998 DAVID FARR, Council President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT Resolution # R O� FOR AGENDA OF: October regarding Fluoride Initiative ORIGINATING DEPT: Admin. S Petition ORIGINATOR: DATE SUBMITTED: October 7, 1998 2. LEARAH= : (comment on back 3. EXHIBITS: if necessary) Resolution # a �7 4 Attorney , jfr,�, ENDORSEMENT X INFO TION_ APPROVED BY COUNCIL PRE DEN SUBMITTAL: MAYOR COUNCIL PRESIDENT r 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION The Fluoride Initiative Petition was certified by the County Auditor on September 25th, 1998. RCW 35.17.260 provides for the matter to be presented to the Council within 20 days of certification of sufficiency of signatures. The Council must either: A. Pass the Ordinance as proposed in the Initiative Petition stating that the water supply of the City of Bremerton shall not be artificially fluoridated or; B. Pass Resolution # 2 authorizing the placing of the proposition on the February 2, 1999 Special Election. 8. RECOMMENDATION Motion to pass Resolution # 2& placing a proposition on the February 2, 1999 Special Election. 9. RESPONSIBLE OFFICIAL: Admin. Svcs, Dir. ENFORCEMENT OFFICIAL: Admin, Svcs, Dir. EXPIRATION DATE: REVIEW DATE: 10. ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: q6 1. AGENDA BILL N0: 3 4�- .tiC� 2. CLEARANCE COMMENTS (cont.l 4. SUMMARY STATEMENT (cant.) a 5. IMPACT ON NON - PASSAGE Required by Law. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES City will be billed for percentage of election costs. 7. RESEARCH SOURCES AGENDA BILL BREMERTON CITY COUNCIL 1. BUWECT FOR AGENDA OF: September 14, 1998 Motion to cease the implementation ORIGINATING DEPT: Legal of fluoridation ORIGINATOR: Glenna Malan4� City Attorney DATE SUBMITTED: September 10, 1998 s ( mment on back if necessary) 3. EXRZBITS Y EY ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION Due to the strong public interest in Fluoridation of the City's water distribution system, cease implementation of fluoridation until a February 1999 Special election initiative vote of the people can be obtained. S. RECOMMENDATION Approve motion to cease the implementation of fluoridation if and until a February special election results from initiative petition on this issue. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE 9(� (� 5 11. AGENDA BILL NO.: / / d - a/ o '' (OVER) AGENDA BILL BRBNERTON CITY COUNCIL 1. MUM R olution #2671 FOR AGENDA OF: September 14, 1998 placing the roposition to ORIGINATING DEPT: City Attorney fluoridate t water supply ORIGINATOR: Glenna Malanca system of the ity of Bremerton DATE SUBMITTED: September 10, 1998 on the Novembe 3, 1998 election 2. CLE ARANCES : ( comm nt on back 3. EXHIBITS if n sary) Resolution I L I ) bo l City Attorne ENDORSEMENT — X IN O TION_ A ROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR V COUNCIL PRESIDENT 4. SUMMARY T FOR COUNCIL ACTION: In an effort to provide the oppo tunity to the qualified voters of the City to express their views on th proposed fluoridation of the City's water supply in an expeditious nner City Council is to consider placing this issue on the November 1998 election. 8. RECOMMENDATION Motion to pass Resolution #2671 providi g for the submission to the qualified electors of the City at the No ember 3, 1998 Election, an advisory vote on a proposition o fluoridat the water supply system of the City of Bremerton, Wa i ton. 9. RESPONSIBLE 0 FICIAL: ENFORCEMENT 0 ICIAL: EXPIRATIO DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO:� Johnston - Flounde Ordinance� -�� � _ � Page 1 From. Paula Johnston To- Gene Sampley, Glenna Malanca, KATHY MCCLUSKE Subject: Flounde Ordinance Please review and comment on the attached founde ordinance I will route final draft for signatures after certification of the vote Feb 12, 1999 Thanks 0 O 0 u Pa ula Joh - Flounde Ordinance--~ _ M _ Page 1 From: Paula Johnston To: Gene Sampley, Glenna Malanca, KATHY MCCLUSKEY Subject: Flounde Ordinance Please review and comment on the attached founde ordinance I will route final draft for signatures after certification of the vote Feb 12, 1999 Thanks vl ` � b FEB 5 199,9 Paula Johnston= - Flounde Ordinance m Page it From. Paula Johnston To: Gene Sampley, Glenna Malanca, KATHY MCCLUSKEY Subject- Flounde Ordinance Please review and comment on the attached flouride ordinance I will route final draft for signatures after certification of the vote Feb 12, 1999 Thanks I I ORDINANCE NO. 4647 AN ORDINANCE to prohibit the addition of fluoride in any chemical form to the water system of the City of Bremerton and amending Chapter 15 02 of the Bremerton Municipal Code Section 1. New Section. Section 15 02 145 is hereby added as follows 15 02 145 PROHIBITING FLUORIDATION The water supply of the City of Bremerton shall not be artificially fluoridated,1 e, that fluoride in any chemical form shall not be added, now or in the future , unless so ordained by a majority of the voters in an open election Section 2. Effective Date. This ordinance shall become effective ten (10) days after the official certification of the February 2, 1999 special election, pursuant to state law MIKE SHEPHERD, Council President Approved this day of , 1999 LYNN S HORTON, Mayor ATTEST r I KATHLEEN McCLUSKEY, City Clerk Any contractor constructing water published notice (Ord 4454 § i (in part), 1994, system improvements or connections to the water Ord 4309 §2 (in part), 199 1) *stem shall be required to post at all times during the performance of the work and until the 15.02.160 ABATEMENT OF completion thereof, the Utility Service Agreement NONCONFORMING, and other permits as required under the terms of UNAUTHORIZED OR this Code or other local, state or federal UNSAFE CONDITIONS. regulations at or near the work area (Ord 4454 The City shall be responsible for the § 1 (in part), 1994, Ord 4309 §2 (in part), 199 1) integrity, safety, and continuity of the water system As a condition of the Utility Service 15 02.140 WATER SYSTEM Agreement the property owner shall grant the OPERATION AND Department the authority to make inspections at MAINTENANCE - any reasonable time if the Department or other GENERAL appropriate agency has reasonable cause to The Department shall be responsible for believe there exists on premises a nonconforming, the operation, maintenance and repair of the unauthorized, or unsafe condition or to verify no water system under its ,jurisdiction and located such condition exists - The Director or his within the public right -of -way, dedicated utility designee may enter onto such property to inspect easements and utility-owned property The the condition or to perform any duties imposed Department shall not be responsible for servicing _ upon the Department by this Code - provided the private systems beyond its meters, or for public Department shall first make reasonable efforts to systems purchasing water under a wholesale contact the owner or person responsible for such contract unless otherwise agreed property When maintenance, repair, or The City shall have recourse to every replacement of publicly -owned facilities is remedy provided by law to secure entry and abate required due to user activity resulting in unsafe, the condition Such remedy may include,' but not ` nonconforming or unauthorized conditions as set be limited to, securing property owner correction, forth in this Section, the City shall hold the revocation, suspension, or discontinuation of responsible party liable for all costs of repairs, service, permits, or authorizations, removal, replacement, inspection, and any other costs reconstruction, replacement, or alteration of incurred to the City as a result of such activities unauthorized condition, or all other powers and (Ord 4454 §1 (in part), 1994, Ord 4309 §2 (in remedies which may be available under law, this part), 1991) Code, and regulations and procedures adopted o a ��� hereunder Expenses incurred by the Department 15.02.150 IN TERRUPTION F in abating such condition shall constitute a civil SERVICE - debt to the City (Ord 4454 § 1 (in part), 1994, EMERGENCIES. Ord 4309 §2 (in part), 1991) The Department may control the availability or uses of water during emergencies 15.02.170 CROSS - CONNECTION which disrupts or endangers the operation of the CONTROL INSPECTION. water system or for the purpose of making repairs The Department shall require the testing or extensions If there is sufficient time, the and inspection of all cross- connection control Department will provide notice of such devices within its system in order to prevent emergency in the daily newspapers setting forth contamination of the public water system The restrictions on the use of water as may be deemed Department shall annually notify all property necessary or announcing limited availability owners of this requirement It shall be the Such restrictions may include, but not be limited responsibility of the property owner to provide for to, hours during which spnrikling for lawn or testing and inspection by a Washington garden imgation may be done Restrictions shall State - certified cross -connection control specialist remain in effect until modified or cancelled by and to submit to the Department a written report 15 -13 i i �ti��- �_ ��^"7 �"`� -�J I - �'��,. gaa3 ',, �' i PROHIBIT FLUORIDATION OF THE WATER SUPPLY *Warning* Every person who signs this petition with an other than his or her true name, or who knowingly signs more than one oft ' legal voter, or signs a petition when he or she is otherwise not qualified to sign or who makes herein INITIATIVE PETITION FOR SUBMISSION BY THE To Kathleen McCluskey, City Clerk of the City of Bremerton State of Washington We the undersigned citizens and legal voters of the City of Bremerton, State of Washington, respectfully direct that the Washington ", a full, true and correct copy of which is printed on this page, be submitted to the legal voters of the City of Breme submission of this initiative to the City of Bremerton and each of us for himself or herself says I have personally signed this p of Kitsap, my residence address is correctly stated, and i have knowingly signed this petition only once Ordinance No - �AN ORDINANCE to prohibit the addition of fluoride in any chemical form to the water system of the City of Bremerton oiM Y/ THE CITY OF BREMERTON DOES HEREBY ORDAIN � Section I That the water supply of the City of Bremerton shall not be artificially fluoridated t e , that rids in any chemical form shall not be a SCLtion 2 That this ordinance shall become effective t , Petitioner's Signature Date Print Name for Positive Identification Address Where � Street Number or R yj- ✓1H ,(3 ,5n/�/2—E T � gc 3 c .ALL d - i i 7-3 C Y1-ew Jot a IT 9-f� C i,o � � vv i rJG _-Ib Eller -� �y -- -- X30 7 cl� �\v o .�,� ✓ C �1: � � � .,. ��� +-/ / Cl0 � �1 � tD �! A � � (// C.� /(t � � / / /Ili - N AP Karen Flynn Kitsap County Auditor — Elections & Voter Registration NIM6TGN 1026 Sidney Avenue, Suite 175 • Port Orchard, Washington 98366 -4206 • (360) 337 -7128 Bnan Mohonc Chief Dep* Add Anwoola Financial Services Manager December 3, 1998 DEC _ 7 lza City of Bremerton 239 4th Street Bremerton WA 98337 Dear Sir Attached is a copy of the proposed ballot title for the measure submitted under Resolution 2674 calling for a measure to be placed on the February 2 1999 Special Election ballot Please review the wording on the proposed ballot title and indicate your `approval' or `approval with changes noted' where indicated and return to this office (fax number 360 - 337 -5769) To meet printing deadlines please return this no later than December 24, 1998 Please contact the Elections Department at 337 -7128 with any questions you may have Sincerely, R Dolores Gilmore Elections Manager AUDITOR ACCOUNTS AUTO RECORDING ADMINISTRATION ACCOUNTING PAYABLE PAYROLL LICENSING 6 MARRIAGES 337 -7129 337 -7125 337 -7122 337 -7123 3374440 3374935 Toll Free from Olalla 851 -4147 • Bainbridge Island 842 -2061 CITY OF BREMERTON PROPOSITION 1 Shall the City of Bremerton continue the implementation of fluoridation of drinking water in its municipal water system? (Pursuant to City Resolution No 2674) YES NO U L LW A, et(WAL RESOLUTION NO MARK APPROPRIATE BOX APPROVED C ECTIONS NOTED [] i UTht Z P : T A URE 0 98 DATE CITY OF BREMERTON 239 4TH STREET BREMERTON WA 98337 FAX NUMBER (360) 478 -5200 FAX COVER SHEET DATE SENT: la- f 7 `� TIME: TO: J'CJ✓/ e��/�L`LB'u-- FAX NUMBER: - 337 S ��v SENDER: SUBJECT: NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: r I i I i CITY OF BREMERTON PROPOSITION 1 Shall the City of Bremerton continue the implementation of fluoridation of drinking water in its municipal water system? (Pursuant to City Resolution No 2674) YES NO RESCLIJ i0N NO MAP APPROPRIATE BOX A. ,'R3V; - :D C ".'�j c� NOTED [] l AJT ,j� ,Z� �5�6NATURE DACE TRANSMISSION VERIFICATION REPORT TIME 12/14/1 10.42 NAME ADMIN SERVICES FAX 3604785''00 TEL 3604785"90 DATE DIME 12/14 10:41 FAX N0. /NAME 93375769 DURATION 00:00:41 PAGE(S) 02 RESULT OK MODE STANDARD ECM K.0 ELECTIONS ID 360- 337 -5769 DEC 14'98 8 29 No 001 P 01 ■w■�w 1026 Sidney Avenue Suite 175 KITSAP COUNTY AUDITOR Port Orchard WA 983664206 ELECTIONS DI'V'ISION 360 337 -7128 FAX 360 337 -5769 F To - a From: --- Fax• � - ;��C� Date- Phone. Phone. 1' :: RE. Pages• ❑ Urgent ❑ For Review ❑ Please Comment 13 Please Reply ❑ Please Recycle w ♦ Comments: V 6 , 146.r— I M 6U(t qW+c✓ 4 +� 1 l K C ELECTIONS ID'360- 337 -5769 DEC 14'98 8'29 No 001 P.02 Karen Flynn Kitsap County Auditor - Elections & Voter Registration 1026 Sidney Avenue, Suite 175 • Pon Orchard, Washington 983664206 • 43601337 -7128 B tan Mohonc ohwospoy Financial WyWo Manew December 3,1998 City of Bremerton 239 4th Street Bremerton WA 98337 Dear Sir - Attached 1s a copy of the proposed ballot title for the measure submitted under Resolution 2674 calling for a measure to be placed on the February 2. 1999 Special rlection ballot. Please review the wording on the proposed ballot title and indicate your `approval' or `approval vith changes noted' where indualed and return to this office (fax. numbet 360- 337 -5769) To rteet printing deadlines please return this no later than December 24, 1998 Please contact the Mections Department at 337 -7128 with any questions you may have Sincerely, Dolores Gilmore Elections Manager 1 AUDITOR ACCOUNTS AUTO RE= ORDING ADMINISTRATION ACCOUNTING PAYABLE PAYROLL vCEWNG &wARRIAGES 337.7129 337.7125 337.7122 337.7123 337.4440 :374935 Toll Free from Otalla 831-4147 • Bainbridge Island 842.2061 K C. ELECTIONS ID'360- 337 -5769 DEC 14'98 8 29 No 001 P 03 CITY Or BREMIIRTON PROPOSITION l Shall the City of Bremerton continue the implementation of fluoridation of drinking water in its municipal water system? (Pursuant to City Resolution No, 2674) YES NO BPLI-Oi Ai i i W RLSOLUTION N0. � MAIM APPRDPRiATL B ox APPROWD cOee UIONS N O TED p AUi HORIZED SIGNATURE DATE OF B Gti -- A / O z Mason a annone .mass ADMINISTRATIVE SERVICES • Kathleen McCluskey, Director 239 4th Street • Bremerton, WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 August 13, 1998 Paul Drnjevic 2515 E 22 St Bremerton, Washington 98310 Dear Mr Drnjevic As a courtesy we are responding to your request of August 12, 1998, relating to timeframes for submission of a proposed Initiative petition In providing these estimates of necessary actions, you must understand that if an unforeseen event causes a delay in this schedule, the City can only obligate to follow the mandates of relevant RCW's The mandated timeframes are found in Chapters 35 17 and 29 27 RCW and in RCW 35 21 005 It is the responsibility of the petitioner to ensure timely submittals We will attempt to accommodate your effort on the attached schedule, with the above caveat In response to your questions regarding a published petition, the City provides to you a copy of RCW 35 21005, which specifies the requirements of a petition and each page thereof We simply cannot respond to your request anymore specifically than to provide the law to you Very truly yours, 4 Kathleen McCluskey Administrative Services Director cc Mayor Lynn Horton Glenna Malanca, City Attorney i 1 ylr Equal Opportunity Employer �t Applicable state statutes allow approximately 50 days for an Initiative Petition filing and review process which includes time for other contingencies such as amendments and F appeals Using the Statute, the filing date would be July 28, 1998 The following schedule is made available These dates do not accommodate any contingencies as provided for in statute or otherwise 8/28/98 (Friday) Petition to be filed with City of Bremerton by close of business, 500pm 9/1/98 (Tuesday) City of Bremerton files petition with county for signature verification County requires petition by early morning on this date County requests five full days to verify 9/9/98 (Wednesday) County returns petition to City for placement on Agenda City policy requires that the council secretary receive all items by 12 00 noon on the Thursday (9/10/98) prior to the council meeting 9/16/98 (Wednesday) Resolution presented to council 9/18/98 (Friday) Resolution filed with County (By state law) CITIES AND TOWNS CITIES AND TOWNS 35.17.370 i i after excluding the area as (3) Vacancies on a commission shall occur and shall be filled as provided in 1 also describe the excluded chapter 4212 RCW, except that in every instance a person shall be elected to a a recorded plat or govern- fill the remainder of the unexpired term at the next general municipal election city or town that occurs twenty -eight or more days after the occurrence of the vacancy Amended by Laws 1994, ch 119, § 1, Laws 1994, ch 223, §10, plat on effective date of Historical and Statutory Notes Reviser's Note. This section was ed in the publication of this section pursu- amended by 1994 a 119 § 1 and by 1994 c ant to RCW 112 025(2) For rule of con - reduced city or town limits 223 § 10, each without reference to the struction, see RCW 112 025(1) s as altered shall be filed in other Both amendments are incorporat- m the office of the county s situated, upon the effective 35.17.160. Repealed by Laws 1997, ch. 361, § 23 the city or town shall take ded with the county auditor Historical and Statutory Notes 6,§ 3 The repealed § 3517160, which forbade Laws 1911, ch 116, § 17 appointive officers and employees from ex- RRS § 9106 in excluded territory egg influence to induce other officers or Laws 1961, ch 268, § 12 employees to favor a particular candidate, i for operation of any public was derived from Laws 1965, ch 7, § 35 17 160 eluded from a city or town by )hgations, and duties of the 35,17.260. Legislative— Ordinances by initiative petition ubchvmon having jurmbetion shall be as provided in RCW Ordinances may be initiated by petition of registered voters of the city filed incorporation with the commission If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty -five percent of the votes cast for all candidates for mayor at the last preceding city i election, and if it contains a request that, unless passed by the commission, the ordinance be submitted to a vote of the registered voters of the city, the )VERNMENT co mmissi on shall either (1) Pass the proposed ordinance without alteration within twenty days after the county auditor's certificate of sufficiency has been received by the commis - i Legislative— Imtiatrve peti- stun, or tion -- Submission proce- dures (2) Immediately after the county auditor's certificate of sufficiency for the Repealed petition is received, cause to be called a special election to be held on the next i I Organization— Electron of offi- election date, as provided in RCW 2913 020, that occurs not less than forty- cera-- Tern' five days thereafter, for submission of the proposed ordinance without altera- tion, to a vote of the people unless a general election will occur within ninety loners— Vacancies days, in which event submission must be made on the general electron ballot. ider the statutory commission Amended by Law 1996, ch. 286, § 4 , in the odd - numbered years on ver, after commissioners are 35. 17270. Legislative— Initiative petition— Submission proce- 1995 or 1997, regular elections n form of government shall be dunes The .petitioner preparing an initiative petition for submission to the com- and elected at large Their mission shall follow the procedures established in RCW 3521005 r successors are elected and Amended by Laws 1996, ch. 286, § 5 RCW 29 04170. However, at, under a statutory commission missioners shall occur with the 35,17.320. Repealed by Laws 1993, ch. 256, § 14, eff. May 7, 1993 ring the least number of votes the other two persons who are 35.17.370. Organiwation on commission form— Eligibility --Cen- .e Thereafter, commissioners sus 115 CITIES AND 'DOWNS arlES AND TOWNS 35.21.005 section Section ces $521,305 Utility connection charges -- Power an d authority to en- ter into agreements, receive Waiver for low -income per- and expend funds- -Secun- sons 3521315 Amateur radio antennas —Lo- t3' cal regulation to conform 3521747 Public co transferred _ R Y with federal law c ity, town, or county —Re- created Authority — Service 3621418 Hydroelectric reservoir ex- s notice, public ;ess -- Jurisdiction — Costs tending across international boundary -- Commission— meeting ) created and shall be maintained Pere 3521755 Public corporations—Exemp t The number and qualifications coin tion or immunity from taxa- e, and their nation shall b shae X `� Uti w ith a Cities in a county tion—In heu excise tax. Pe anth a population of two hundred ten thousand or 3521762. Urban ge enc��� more west of Cascades may with the special authority to make authorized m city or town -r arrests as are authorized by support cities, towns, coon- with territory in two coun- ties and taxing districts m which facilities located ties out of courts created under t his 35,21 455 Locally regulated utiht' 3621770 Me u�rizee f d l to�serve e as o vol- e of the city served by the court Attachments �1es Proro' unteer fire fighters, volun- on uch the court is held and/or the 3521470 Building 1ty or town pro - teen. ambulance personnel, according to law m any county of lt from requiring state or reserve law enforcement agencies or local govern- officers this title shall be executed outside meats to provide bond or 35 21775 Provision of fire protection other security as a condition services to state -owned fa- by the court unless the person _ citifies applicable law enforcement agency 35 21475 Statement o restrictions ap- 3521777 Repealed rved phcable to real property 35 21778 Exxstmg contracts for fire pro - another city or county the cost of 21 � tection services and equip- be borne by the court issuing the ment not abrogated. 3521610 Repealed 3521779 Fine protection services for 3 defendant from any county of the 3521620 Recodified state -owned facilities—Con- 3521636 Juvenile curfews tracts with the department d to death, disability, or retirement 3521687 Af ry of Affordable ho h mg vento- of community, trade, and xn the basis of service as a warrant to massage economic development 3521692 Authority to regulate Consolidation of negotia- practitioners— Linitations bons with multiple state 3521696 Newspaper carrier regulation- ag encies—Arbitration 3521717 Taxation of internet ser- 21895 Regulation of automatic num- 3521735 Public ber or location ident►fica- 35.21 corporations— Declara- tion— Prolubited 'ISIONS AFFECTING tion of public purpose — vD TOWNS Cross References iection see service to the property, see § 60 80 005 et 15 21 185 Ordmances— Information Local adopt a- lughwaY Programs, § 47 40105 3e9 p oolin g Sale of real property, protection of un- Industrial development revenue bonds, 0 21215 Powers relative to systems of recorded hen interests of utility providing see § 39 84 010 et seq sewerage 15 21270 Streets — Records of funds re- ceived and used for con - 35 21.005 Sufficiency of petitions struction, repair, mamte- wherever in this title petitions are required to be signed and filed, the nance following rules shall govern the sufficiency thereof 3521280 Tax on admissions— Exception (I) A petition may include any page or group of pages containing an as to schools identical text or prayer intended by the emulators, signers or sponsors to be 3521300 U tility services .—Enforcement resented and considered as one petition and containing the following essential of hen on ter P mmation of service for rest- elements when applicable, except that the elements referred to in (d) and latrve dential heating this subsection are essential for petitions referring or mitiatmg gas 35 21301 Expired matters to the voters, but are directory as to other petitions 123 2 35.21.005 CITIES AND TOVV'% � TIES AND V (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the (7) Signatures, applicable state statute or city ordinance, if any, petition two or m (b) If the petition initiates or refers an ordinance, a true copy thereof, (g) Signatures (c) If the petition seeks the annexation, into prior to the date tion of an area for an i'P°reti ° withdrawal, th area (g) When petite y purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area, determination sh, (d) Numbered lines for signatures with space provided beside each signa- signatures to the ture for the name and address of the signer and the date of signing, (a) The signatt (e) The warning statement prescribed in subsection (2) of this section county auditor, st (2) Petitions shall be printed or (b) In the case good quality and each sheet of peon paper having a pace thereon for be sufficient, with signatures shall contain the text or prayer of the petition and the following (c) In the casE warning contract purchasE deemed sufficient WARNING (d) Any officer j Every person who signs this petition with any other than his or her true duly authorized t name, or who knowingly signs more than one of these petitions, or signs a tion, may sign on petition seeking an election when he or she is not a legal voter, or signs a certified excerpt r petition when he or she is otherwise not qualified to sign, or who makes (e) When prop herein any false statement, shall be guilty of a misdemeanor for whom a gua Each signature shall be executed in ink or indelible pencil and shall be administrator, or followed by the name and address of the signer and the date of signing signature of the o (3) The term "signer" means any person who signs h (10) The office I the petition is or her own name to petition shall do s (4) To be sufficient a petition must contain valid signatures of quahfied with whom the pe j registered voters or property owners, as the case may be, in the number Enacted by Laws 1' required by the applicable statute or ordinance Within three working days after the filing of a petition, the officer with whom the petition is filed shall 35.21.010. Ger transmit the petition to the county auditor for petitions signed by registered a voters, or to the county assessor for petitions signed by property owners for determination of sufficiency The officer whose duty it is to determine the ( Municipal c s sufficiency of the petition shall proceed to make such a determination with corporate under ffi reasonable promptness and shall file with the officer receiving the petition for , as t filing a certificate stating the date upon which such determination was begun, th contracted wit which date shall be referred to as the terminal date Additional pages of one the restrictions It or more signatures may be added to the petition by filing the same with the and change h alt appropriate filing officer prior to such terminal date Any signer of a filed have such other in petition may withdraw his or her signature by a written request for withdraw- than two square r al filed with the receiving officer prior to such terminal date Such written town having a poi request shall so sufficiently describe the petition as to make identification of a population of o, the person and the petition certain The name of an area shall be inch withdraw shall be signed exactly the same as contained on the petition and, m more than haft of after the filing of such request for withdrawal, prior to the terminal date, the million, nor a tal signature of any person seeking such withdrawal shall be deemed withdrawn one person be a. of the owner of si (5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved. (2) ilia ee or more or more (6) A variation on petitions between the signatures on the petition and that c on the voter's permanent registration caused by the substitution of initials ( Except as l instead of the first or middle names, or both, shall not mvandate the signature ration of a town on the petition if the surname and handwriting are the same and a population . Amended by Laas 124 D TOWNS CITIES AND TOWNS 35.21.010 atement of (7) Signatures, including the original, of any person who has signed a ance to the petition two or more tunes shall be stricken reof, ( Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken f th e area area (9) When petitions are required to be signed by the owners of property, the f the determination shall be made by the county assessor Where validation of each signa- signatures to the petition is required, the following shall apply if signing, (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse, tion (b) In the case of mortgaged property, the signature of the mortgagor shall i paper of be sufficient, without the signature of his or her spouse, Hereon for following (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse, (d) Any officer of a corporation owning land within the area involved who is er true duly authorized to execute deeds or encumbrances on behalf of the corpora - signs a tion, may sign on behalf of such corporation, and shall attach to the petition a signs a certified excerpt from the bylaws of such corporation showing such authority, makes (e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, shall be administrator, or guardian, as the case may be, shall be equivalent to the signing signature of the owner of the property name to (10) The officer who is responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed qualified Enacted by Laws 1996, ch 286, § 6 number rig days ed shall 35.21.010. General corporate powers— Towns, restrictions as to gistered area ners for (1) Municipal corporations now or hereafter organized are bodies politic and line the corporate under the name of the city of , or the town of on with , as the case may be, and as such may sue and be sued, contract or tion for be contracted with, acquire, hold, possess and dispose of property, subject to begun, the restrictions contained in other chapters of this title, having a common seal, of one and change or alter the same at pleasure, and exercise such other powers, and nth the have such other privileges as are conferred by this title However, not more a filed than two square miles in area shall be included within the corporate hmits of a hdraw- town having a population of fifteen hundred or less, or located in a county with written a population of one million or more, and not more than three square miles in tion of area shall be included within the corporate limits of a town having a population ang to of more than fifteen hundred in a county with a population of less than one n and, million, nor shall more than twenty acres of unplatted land belonging to any te, the one person be taken within the corporate hmits of a town without the consent fawn of the owner of such unplatted land .epted (2) Notwithstanding subsections (1) and (3) of this section, a town located in three or more counties is excluded from a limitation in square mileage d that (3) Except as provided in subsection (2) of this section, the original incorpo- nitials ration of a town shall be limited to an area of not more than one square mile nature and a population as prescribed in RCW 35 01040 Amended by Laws 1991, ch 363, § 37, Laws 1995, ch 196, § 5 125 raw umievic voice sou 419 boti t I I It It 11 F au1 Drnfevic V fax 360 479 0323 1$108/12/1998 -91422 ❑ 1/1 -w •r, o �{ August 12, 1998 2515 E. 22nd St. MAYOR'S OFFICE Bremerton, WA 98310 City of Bremerton Lynn Horton, Mayor 239 Fourth St. Bremerton, WA 98337 What is the last day on which an Initiative Petition, with sufficient valid signatures of registered City of Bremerton voters, can be submitted to the City of Bremerton for the Initiative to be put on the General Election ballot on November 3, 1998 The Kitsap County Auditors cut -off date for getting a measure on the November 3, 1998 ballot is September 18, 1998. Can an Initiative Petition be published in a newspaper, on standard newsprint, with miscellaneous, unrelated printing on the back side, as long as the Initiative Petition is in the proper form, size, and meets all legal requirements? The Washington State Attorney General's office says this is permissible. The Kitsap County Auditor's Office says this is permissible. Is this permissible and acceptable to the City of Bremerton for an Initiative Petition to be so submitted? Please state the regulations which cover this. Paul Drnjevic K C. ELECTIONS ID'360 -337 -5769 SEP 25'98 11 38 No 016 P 02 to Karen Flynn Kitsap County Auditor— Elections & Voter Registration 1026 Sidney AvpnuP, Suite 175 • Fort Orchard, Washmgtw► 98366 -4206 • (360) 337.7128 13nan Molione Chief Deputy C- d AU Ariwoola flnancW SWWM Manager CERTIFICATE of SUFFICIENCY I hereby certify, in accordance with RCW 35 17 260 and JZ('W 35.17.280 that the number of registered voters within the City of Bremerton who signed the attached petition is over 25 % of the total votes cast for all candidates for mayor at the last preceding City of Bremerton election. WITNESS my hand and official seal of office affixed this 25th day of September 1998. ki 0 -A C4'f4 N FLYNN Kitsap County Auditor AUDROR ACCOUNTS AUTO RECORDING ADMINISTRATION ACCOUNTING PAYAPLE PAYROLL LICENSING & MARRIAGES 337 -7129 337 -7125 337.7122 337 -7123 337.4440 337.4935 Toll free from O /alla 851.4147 • Bambridge island 842 -2061 U U114 1`J8 11 04 rAA SOU OUD 4V40 AU AU011UKJ WJUUl Post -ItTM brand fax transmittal memo 7671 roof pages ► I Karen Flynn '%;/&,1 a l a 4 ca` R �rU t:�j--j a Kitsap County Auditor c00 4 Division E Pi 6q Phone' 0 A) *p '46('01 mot _-1 (� q 614 Division Street, MS • Dept 4 31 Port Orchard, Washingtc I'rJ Pi6`P ./ _I Fax a Amfr 61 Fax # 33 7 - A 1 y5 Bnan Mohonc CI►lo VQP* To Glenna Malanca City of Bremerton Attorney F$lant Anwoola x/I Sanrloes Manager From Karen Flynn Kitsap County Auditor Date. September 14, 1998 Re FLUORIDE BALLOT MEASURE COST -------------------------------------------------------------------------- NOVEMBER ELECTION Total Estimated Election Cost $220,000 Estimated portion for the City of Bremerton 8,000 FEBRUARY ELECTION For the February Special Election, as the participating junsdictions are still unknown, two scenarios are offered With participating districts* Kitsap County - one ballot measure North Kitsap Schools — bond Bremerton Schools — levy Central Kitsap Schools — levy City of Bremerton — one ballot measure Total Estimated Election Cost $150,000 Estimated portion for City of Bremerton 11,000 With above participating distncts except Kitsap County Total Estimated Election Cost $ 96,000 Estimated portion for City of Bremerton 16,000 ACCOUNTS AUTO RECORDING ACCOUNTING PAYABLE PAYROLL LICENSING ELECTIONS 6 MARRIAGES 337 -7125 337 -7122 337 -7123 3374440 337 -7128 3374935 Toll Free from 01alla 851-4147 • Bainbridge Island 842 -1061 BREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA SPECIAL MEETING SEPTEMBER 14, 1998 1 CALL TO ORDER 7 30 P M A Pledge Of Allegiance 2 NEW BUSINESS A Fluoridation of Bremerton's Municipal Water Supply #AB98 -209 #AB98 -210 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT Resolution 42671 FOR AGEN placing the proposition to ORIGINATING City Attorney fluoridate the water supply ORIG Glenna Malanca system of the City of Bremerton DATE SUBM September 10, 1998 on the November 3, 1998 election 2. C'LEAEMC_ES (comment on back 3. if nebe sary) R solution City Attorne ENDORSEMENT X IN O TION_ APPROVED COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR CO IL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMEI& FOR CO CIL AC TION: In an effort to provide the o portunity to the qualified voters of the City to express their views n the proposed fluoridation of the City's water supply in an exped sous manner City Council is to consider placing this issue on the ovember 3, 1998 election. 8. RECOMMENDATION Motion to pass Res lution 12671 providing for the submission to the qualified elector of the City at the November 3, 1998 Election, an advisory vote on proposition to fluoridate the water supply system of the City of Brem rton, Washin ton. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED Eo¢ COUNCIL DIRECTIVE: DATE: n r� 4 9 11. AGENDA BILL NO:, O l RESOLUTION NO A RESOLUTION of the City Council of B merton, Washmgton providing for the submission to t qualified electors of the City at the November 3, 199 lection, an advisory vote on a proposition to fluondate e water supply system of the City of Bremerton Washmgt n WHEREAS, the County Auditor requires a request, the form of a resolution adopted by the City Council, that a matter be placed on the November , 1998, election, at least 45 days prior to the election date, and WHEREAS, the City Council. is desirous of pr vidingthe opportunity to the qualified voters of the City to express their views on the proposed uondation of the City's water supply, by an advisory ballot to be placed on the election to be h d on the first Tuesday following the first Monday of November, 1998 NOW, THEREF BE IT OLVED by the Bremerton City Council that the proposition "Whether to Fluoridate the Wa r Supply of Bremerton, Washington" be placed on the November 3, 1998 Election for an advis vote of the qualified voters BE IT FURTHER RESOL D that the City Attorney shall draft and forward the appropriate ballot title to the County Auditor for the Proposition PASSED by the City Cou cil of the City of Bremerton this 14` day of September, 1998 I)AVID D FARR Council President Fluoridation Res - Resolution2 - 4/20/93 OF O z ENRON CITY COUNCIL 239 4th Street • Bremerton, Washington 98337 • (360) 478 -5280 • FAX (360) 478 -5251 SPECIAL MEETING NOTICE September 10, 1998 Pursuant to RCW 42 30 080, you are hereby notified that the following members of the BREMERTON CITY COUNCIL have called a SPECIAL MEETING OF CITY COUNCIL to be held on MONDAY, SEPTEMBER 14, 1998, at approximately 7:30 PM in the Council Chambers, City Hall, 239 4th Street, Bremerton, Washington Cecil McConnell John Law Jun Reed Wayne Olsen Nfike Shepherd At this special meeting City Council will consider a proposed resolution placing on the November 3, 1998 General Election ballot a proposition to "Stop Fluoridation of the Water Supply of Bremerton" (This is an open meeting) Signed this 10th day of September 1998 M-,- �� KATHLEEN L MCCLUSKEY, CITY CLERK DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 WAYNE OLSEN CECIL McCONNELL JOHN E LAW LON OVERSON DISTRICT 5 DISTRICT 6 DISTRICT 7 DISTRICT 8 DISTRICT 9 MIKE SHEPHERD DAVID D FARR CAROL ARENDS CARLOS MONTGOMERY JIM REED * Equal Opportunity Employer * G O z mean. CITY COUNCIL 239 4th Street • Bremerton, Washington 98337 • (360) 478 -5280 • FAX (360) 478 -5251 SPECIAL MEETING NOTICE September 10, 1998 Pursuant to RCW 42 30 080, you are hereby notified that Council President David Farr of the BREMERTON CITY COUNCIL has called a SPECIAL MEETING OF CITY COUNCIL to be held on MONDAY, SEPTEMBER 14, 1998, at approximately 7:30 PM in the Council Chambers, City Hall, 239 4` Street, Bremerton, Washington At this special meeting, City Council will consider a Motion to cease the implementation of fluoridation if and until a February special election results from initiative petition on this issue (This is an open meeting ) Signed this 10 day of September N ` KATHLEEN L McCLUSKEY, CITY CLERK DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 WAYNE OLSEN CECIL McCONNELL JOHN E LAW LON OVERSON DISTRICT 5 DISTRICT 6 DISTRICT 7 DISTRICT 8 DISTRICT 9 MIKE SHEPHERD DAVID D FARR CAROL ARENDS CARLOS MONTGOMERY JIM REED Equal Opportunity Employer �r i CERTIFICATE OF FACSIMILE I, Jeannine Neimoyer, Office Assistant in the Legal Department of the City of Bremerton, do hereby certify that on the 11' day of September, 1998, I faxed a Notice of Special Meeting and Agenda Bill of the CITY COiJNCIL to be held in the City Council Chambers, to the following person Tun Christy The Sun Newspaper Fax 895 -8846 Dated at Bremerton, Washington on this 11'' day of September 1998 OINE NEIMO 0 Assistant to GLENNA MALANCA Mr Christy accepted service via facsimile on the date indicated above CERTIFICATE OF MAILING I, Cherie HOM Office Assistant Sr in the City Clerk's Office of the City of Bremerton, do hereby certify that on the 10th day of Se tember 1998, I placed a letter of notice of a Special Meeting of the CITY COUNCIL to be held in the City Council Chambers, with requisite postage hereon, in a United States mailbox for collection and delivery by the Postal Authorities to the following Mr Mark Walker The Sun Newspaper 545 5th Street Bremerton, WA 98337 FAX 895 -8846 Dated at Bremerton, Washington on this 10th day of September 1998 CHERIE HE AY Office Assistant Senior CITY OF BREMERTON 239 4TH STREET BREMERTON WA 98337 FAX NUMBER (360) 478 -5200 FAX COVER SHEET DATE SENT: p m�o.�..� >,�) /�. /l�'�j� TIME: S� TO: &I dd, FAX NUMBER: SENDER: 71 S:-)- 9U SUBJECT: NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: OF B ' G Pk O z 0 Now CITY COUNCIL 239 4th Street • Bremerton, Washington 98337 • (360) 478 -5280 • FAX (360) 478 -5251 SPECIAL MEETING NOTICE September 10, 1998 Pursuant to RCW 42 30 080, you are hereby notified that the following members of the BREMERTON CITY COUNCIL have called a SPECIAL MEETING OF CITY COUNCIL to be held on MONDAY, SEPTEMBER 14,1998, at approximately 7 :30 PM in the Council Chambers, City Hall, 239 4th Street, Bremerton, Washington Cecil McConnell John Law Jun Reed Wayne Olsen Mike Shepherd At this special meeting City Council will consider a proposed resolution placing on the November 3, 1998 General Election ballot a proposition to "Stop Fluoridation of the Water Supply of Bremerton" (This is an open meeting ) Signed this 10th day of September 1998 N\-,- ca,-,., v KATHLEEN L McCLUSKEY, CITY CLERK DISTRICT 1 DISTRICT 2 DISTRICT 1 DISTRICT 4 WAYNE OLSEN CECIL McCONNELL JOHN E LAW LON OVERSON DISTRICT 5 DISTRICT 6 DISTRICT 7 DISTRICT R DISTRICT 9 MIKE SHEPHERD DAVID D FARR CAROL ARENDS CARLOS MONTGOMERY JIM REED * Equal Opportunity Employer * TRANSMISSION VERIFICATION REPORT TIME : 09/10/1998 13:56 NAME ADMIN SERVICES FAX : 3604785200 TEL : 3604785290 DATE DIME 09/10 13 55 FAX N0. /NAME 98958846 DURATION 00 00.40 PAGE(S) 02 RESULT OK MODE STANDARD ECM TRANSMISSION VERIFICATION REPORT TIME 09/10/1998 14:04 NAME ADMIN SERVICES FAX 3604785200 TEL 3604785290 DATEJIME 09/10 14.03 FAX NO /NAME 93080239 PAGE(S) .01.12 02 RESULT OK MODE STANDARD OF_ B O z ENRON ,. ■enru■ ■EMEN OFFICE OF CITY ATTORNEY 239 4th Street • Bremerton, Washington 98337 • (360) 478 -5345 • FAX (360) 478 -5161 • E -mail legal @ci bremerton wa us CITY OF BREMERTON Date of Filing September 15, 1998 Date of Election November 3, 1998 Ballot Title SHALL THE CITY OF BREMERTON CONTINUE THE "LEMENTATION OF FLUORIDATION OF DRINKING WATER IN ITS MUNICIPAL WATER SYSTEM AND FLUORIDATE ITS WATER SUPPLY THEREAFTER? * Equal Opportunity Employer G4,, OF BR A O .00n z l ADMINISTRATIVE SERVICES 239 4th Street • Bremerton WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 October 15 1998 e f30 1 5 �ggg &3u% � , Karen Flynn KIT Kitsap County Auditor 614 Division Street Port Orchard, Washington 98366 ' Dear Ms Flynn Enclosed are two certified duplicate copies of Resolution 2674 approving the submittal of a proposition to determine if Bremerton should fluoridate its water supply This should be placed on the February 2, 1999 special election ballot Also enclosed is the Ballot Title prepared by Bremerton City Attorney Glenna Malanca Please sign and date the duplicate resolution and return to my attention Sincerely, ob aula Joh V ton Deputy City Clerk PJ ch enclosure cc Glenna IVlalanca SEC ED DST 15199a �,vu► ► c�w� KITSAP C ouN' * Equal Opportunity Emplover 4' r RESOLUTION NO. A RESOLUTION of the City of Bremerton, Washington providing for the submission to the qualified electors of the City at the February 2, 1999 Special Election, a Proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least twenty -five percent of the total votes cast for all candidates for Mayor at the last preceding City of Bremerton election, has been filed with the City Clerk as provided for in RCW 35 17 260. WHEREAS, the City Clerk, through the Kitsap County Auditor, on September 25, 1998, verified the sufficiency of the signatures thereto. WHEREAS, RCW 35 17 260 provides for the matter to be presented to the City Council within 20 days of certification of sufficiency of signatures for either adoption of ordinance as proposed or to forward the initiative to election on February 2, 1999 WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the February Special Election WHEREAS, the Bremerton City Council by passage of this Resolution takes no position on the proposition in forwarding to this item to the County Auditor NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" be placed on the February 2, 1999 Special Election BE IT FURTHER RESOLVED that the City Attorney shall draft and forward the appropriate ballot title to the County Auditor for the Proposition PASSED by the City Council of the City of Bremerton this 14th day of October 1998 DAVID FARR, Council President STATE OF WASHINGTON SS COUNTY OF KITSAP The Above and foregoing Is Hereby Certified to a true and correct copy of City Clerk Gate. CITY OF BREMCRTON • 239 4th Street • Bremerton, WA 98337 CITY OF BREMERTON Date of Filing: October 15,1998 Date of Election: February 2, 1999 Ballot Title: SHALL THE CITY OF BREMERTON CONTINUE THE IMPLEMENTATION OF FLUORIDATION OF DRINKING WATER IN ITS MUNICIPAL WATER SYSTEM? • Celebrating 50 Years of Freedom • RECIVE P. RESOLUTION NO. _�G7� OCT 15 199% AUDITOR/ELEC I ,uIVS KITSAP COUNTY A RESOLUTION of the City of Bremerton, Washington providing for the submission to the qualified electors of the City at the February 2, 1999 Special Election, a Proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least twenty -five percent of the total votes cast for all candidates for Mayor at the last preceding City of Bremerton election, has been filed with the City Clerk as provided for in RCW 35 17 260 WHEREAS, the City Clerk, through the Kitsap County Auditor, on September 25, 1998, verified the sufficiency of the signatures thereto WHEREAS, RCW 35 17 260 provides for the matter to be presented to the City Council within 20 days of certification of sufficiency of signatures for either adoption of ordinance as proposed or to forward the initiative to election on February 2, 1999 WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the February Special Election WHEREAS, the Bremerton City Council by passage of this Resolution takes no position on the proposition in forwarding to this item to the County Auditor NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" be placed on the February 2, 1999 Special Election BE IT FURTHER RESOLVED that the City Attorney shall draft and forward the appropriate ballot title to the County Auditor for the Proposition PASSED by the City Council of the City of Bremerton tlus 14th day of October 1998 DAVID FARR, Council President STATE OF WASHINGTON COUNTY OF KITSAP SS The Above and foregoing Is Hereby Certified fo a true and correct copy of —Al CdyClerk Date Karen Flynn Kitsap County Auditor— Elections '& voter Registration MMa1oN 1026 Sidney Avenue, Suite 175 • Port Orchard, Washington 98366.4206 • (360) 876 -7128 Bnan Mohonc Chief Deputy Add Adwoola Frnandal Services Manager CERTIFICATE OF NON SUFFICIENCY I hereby certify, in accordance with RCW 35 17 260 and RCW 35 17 280, that the number of registered voters within the City of Bremerton who signed the attached petition is less than 25% of the total votes cast for all candidates for mayor at the last preceding City of Bremerton election. Two thousand one hundred fifty nine (2,159) signatures were required This petition contained one thousand seven hundred thirty two (1,732) valid signatures WITNESS my hand and official seal of office affixed this 8th day of September 1998 KAEN FLYNN Kitsap County Auditor 1 AUDITOR ACCOUNTS AUTO RECORDING ADMINISTRATION ACCOUNTING PAYABLE PAYROLL LICENSING & MARRIAGES 876 -7129 876 -7125 876 -7122 876 -7123 876.7131 876 -7133 Toll Free from Poulsbo/Kmgston 698 -3368 • Olalla 851 -4147 • Bainbridge Island 842 -2061 OF 9*tt' O z among TAX & LICENSE DIVISION 239 4th Street • Bremerton, Washington 98337 • (360) 478 -5311 • FAX (360) 478 -5200 September 9, 1998 Paul Drnjevic 2515 E 22nd St Bremerton WA 98310 Re. Certificate of Non Sufficiency Dear Mr. Drnjevic This letter is to notify you that you have ten days from the date of the Certificate of Non Sufficiency, September 8, 1998 to amend the petition entitled "Prohibit Fluoridation of the Water Supply of the City of Bremerton" pursuant to RCW 35 17 280 Sincerely, Paula hnston Dep City Clerk PGJ /med Encl. * Equal Opportunity Employer K U. LLtU I 1 UNS Ill ' SbU -U9b - b (b9 StF U8 ' 9U 1 S ' 14 NO . UU4 V U1 Karen Flynn Kitsap County Auditor — elections &voter Registration 1026 Sidn8y Avenue, Suite 175 - Port Orchard, Washington 98366.4206 9 060) 876 -7128 Man Mohode chle/Depuy A&` Artwoola r*&Vrlra&%* *a M&%W CERTIFICATE OF NON SUFFICIENCY I hereby certify, in accordance with RC.W 35.17.260 and RCW 35.17.280, that the number of registered voters within the City of Bremerton who signed the attached petition is less than 25% of the total votes cast for all candidates for mayor at the last preceding City of Bremerton election Two thousand one hundred fifty nine (2,159) signatures were required. This petition contained one thousand seven hundred thirty two (1,732) valid signatures. WITNESS my hand and official seal of office affixed this 8th day of September 1998. I tWAA KA EN FLYNN v Kitsap County Auditor AUDITOR ACCOUNTS AUTO RECORDING ADWNISTRMTiON ACCOUNTING PAYABLE PAYROLL LICENSING & MARRMGES 8767129 8767125 876.7122 876.7123 876.7131 876.7133 Toll Frre from, PoulsbalKingston 698,3368 0 Olalla 851.4147 • Bainbridge island 842 -2061 TRANSMISSION VERIFICATION REPORT TIME 09/08/1998 16.19 NAME ADMIN SERVICES FAX 3604785200 TEL 3604785290 DATE DIME 09108 16.19 FAX NO./NAME 94790323 PAGE {S} DURATION 00:00:34 RESULT OK MODE STANDARD RECEIPT FOR PETITION We, the undersigned, do hereby certify that we received on e 19 at r' from petition(s) numbered 2 ® - 3 , G q -S , J J with an estimated �2 ) signatures. (signed) Election Official (signed) Election Official ACKNOWLEDGED Petitioner �--'� G1� OF B � O z among 1111...... ■a11.■ ADMINISTRATIVE SERVICES • Kathleen McCluskey, Director 239 4th Street • Bremerton, WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 August 31, 1998 Kitsap County Auditor Elections Division 614 Division Street Port Orchard, Washington 98366 ATTN Suzanne Boltz Dear Ms Boltz Enclosed are the original Fluoride Initiative Petitions, pages 1 -203 and a copy of the schedule provided to Mr Dmjevic based upon our discussion regarding the minimum amount of time required by your staff to verify signatures Please note that Mr Dmjevic was informed that this schedule does not include time for any contingencies as provided for in statute We must receive notice of certification no later than 9/9/98 in order to meet the 9/18/98 deadline for placement on the November election ballot Sincerely, Kathleen L McCluskey, Director Administrative Services KIM ch Enclosure Received original Fluoride Initiative Petitions, pages 1 -203 this 31 day of August, 1998 Signature cc Glenna Malanca, City Attorney * Equal Opportunity Employer August 28, 1998 Kathleen McCluskey, City Clerk City Of Bremerton 239 Fourth Street Bremerton, WA. 98337 Enclosed herewith please find 26 pages of Initiative Petition entitled "Prohibit Fluoridation of the Water Supply of the City of Bremerton ", containing at least l, petitioners signatures. We request that you acknowledge recipe by signing and returning one copy of this letter as indicated below. I I Sincerely Paul Drnjevic, Vice President Citizens for Safe Water P.. 0. Box 493 Bremerton, WA. 98337 Receipt of above mentioned petition is hereby acknowledged. ,®r� r /. Date Kathleen McCluskey, City Clerk City of Bremerton, Washington RECEIVED OFFICE OF CITY CLERK DATE TIME SIGNATURE i' PROHIBIT FLUORIDATION OF THE WAT13R SUPPLY OF BREMERTON. WASHINGTON *Warning* Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor INITIATIVE PETITION FOR SUBMISSION BY THE PEOPLE To Kathleen McCluskey, City Clerk of the City of Bremerton, State of Washington We, the undersigned citizens and legal voters of the City of Bremerton, State of Washington, respectfully direct that the proposed measure entitled "Prohibit Fluoridation of The Water Supply of Bremerton, Washington ", a full, true and correct copy of which is printed on this page, be submitted to the legal voters of the City of Bremerton for their approval or refection at the next regular or special election to be held after submission of this initiative to the City of Bremerton and each of us for himself or herself says I have personally signed this petition, I am a legal voter of the State of Washington, in the City of Bremerton, County of Kitsap, my residence address is correctly stated, and I have knowingly signed this petition only once Ordinance No AN ORDINANCE to prohibit the addition of fluoride in any chemical form to the water system of the City of Bremerton THE CITY OF BREMERTON DOES HEREBY ORDAIN Section I That the water supply of the City of Bremerton shall not be artificially fluoridated, i e , that fluoride in any chtmical form shall not be added, now or in the future,uniess so ordained by a majority of the voters in an open election Section 2 That this ordinance shall become effective ten (10) days from passage and publication Address Where Registered To Vote City r Town Z Phone Number Petitioner's Signature Date Print Name for Positive Identification Street Number or Rural Route and Box Number Y p (optional) 1 i $�.�. _ re vue 3l 3 ..v,. --- --.� G C r ► S t � e r s a n y� 3 f '� -- — S r �� ?7 °( 3 O � T v 4 ' (.E'c, - jQ JQO �� LI 5 i - - - - - - -- - -- - -- - -— -- - - -- 3� y 7 `x'(� r OrL� �.1 E1'y10Y� I � — �{ �r � v v� -- 5 1 t - - -- R ° 1V)fRGA7iC& -- eL O 9 �' - Z J t,J 1 rt s ,� 1 - 3 3 - Z n� . X._ fie_ 2 _ a2 t-= ° 10 z t' �ti .� 1 C 3 /Gl P ii �� c� � 11 1 a I C - o O aN 13 C N 0 5 u I 14 I / �-- 0.,l _ 1 C _ �' _ -�f �" _. i S, t 15 L- - - - -- - -- -- ° o U - .d — I 4 U 1. 17 j LL oN, ni us +�'+- _ 6 4 __� .9.� cs ilr' amt I U c l 60 ,6�ot�, N rr� 18 w o a � — _ 44 U _ JI El— too 20 T 0 Si ned initiative petition sheets can b d off at 1740 N Callow Ave, or 81 Washington Ave, or 2515 E 22nd St 9 oppe �' CITY OF BREMERTON 239 4TH STREET BREMERTON WA 98337 FAX NUMBER (360) 478 -5200 FAX COVER SHEET DATE SENT: TIME: A9 'IA TO: FAX NUMBER: P95 - 57/ 9 SENDER: SUBJECT: ��-t i d�L '� i u� �24 NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: TRANSMISSION VERIFICATION REPORT TIME 08/31/1998 10 NAME ADMIN SERVICES FAX 3604785200 TEL 3604785290 DATEJIME 08/31 10 FAX N0. /NAME 98955769 DURATION '01.38 PAGE {S } 04 RESULT OK MODE STANDARD ECM t _ r CITY OF BREMERTON 239 4TH STREET BREMERTON WA 98337 FAX NUMBER (360) 478 -5200 FAX COVER SHEET DATE SENT: S 1 31 lqs TIME: TO: i FAX NUMBER: SENDER: �-/w.•. ( t�c. ����'� S ,("?�G �'7� �5� SUBJECT: NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: I r * TRANSMISSION VERIFICATION REPORT TIME 08/31/1998 12 21 NAME : ADMIN SERVICES FAX : 3604785200 TEL : 3604785290 DATE DIME 08/31 12.20 FAX N0. /NAME 98958846 DURATION 00:00:49 PAGE(S) 03 RESULT OK MODE STANDARD ECM s OF B G O z names ....ones AD_NHNISTRATIVE SERVICES • Kathleen McCloskey, Director 239 4th Street • Bremerton, WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 August 13, 1998 Paul Dmjevic 2515 E 22 St Bremerton, Washington 98310 Dear Mr Dmjevic As a courtesy we are responding to your request of August 12, 1998, relating to timeframes for submission of a proposed Initiative petition In providing these estimates of necessary actions, you must understand that if an unforeseen event causes a delay in this schedule, the City can only obligate to follow the mandates of relevant RCW's The mandated timeframes are found in Chapters 35 17 and 29 27 RCW and in RCW 35 21 005 It is the responsibility of the petitioner to ensure timely submittals We will attempt to accommodate your effort on the attached schedule, with the above caveat In response to your questions regarding a published petition, the City provides to you a copy of RCW 35 21005, which specifies the requirements of a petition and each page thereof We simply cannot respond to your request anymore specifically than to provide the law to you Very truly yours, Kathleen McCluskey Administrative Services Director cc Mayor Lynn Horton Glenna Malanca, City Attorney * Equal Opportunity Employer a Applicable state statutes allow approximately 50 days for an Initiative Petition filing and review process which includes time for other contingencies such as amendments and appeals. Using the Statute, the filing date would be July 28, 1998 The following schedule is made available These dates do not accommodate any contingencies as provided for in statute or otherwise 8/28/98 (Friday) Petition to be filed with City of Bremerton by close of business, 5 00 p m 9/1/98 (Tuesday) City of Bremerton files petition with county for signature verification County requires petition by early morning on this date County requests five full days to verify 9/9/98 (Wednesday) County returns petition to City for placement on Agenda City policy requires that the council secretary receive all items by 12 00 noon on the Thursday (9/10/98) prior to the council meeting 9/16/98 (Wednesday) Resolution presented to council 9/18/98 (Friday) Resolution filed with County (By state law) Paul Drnlevic voice 360 479 665 Paul Drnlevic V lax 360 479 0323 ®0811211998 Q91422 Di/1 l5 l�7 F O D L 1 W] August 12, 1998 2515 E. 22nd St. MAYOR'S OFFICE Bremerton, WA 98310 City of Bremerton Lynn Horton, Mayor 239 Fourth St. Bremerton, WA 98337 What is the last day on which an Initiative Petition, with sufficient valid signatures of registered City of Bremerton voters, can be submitted to the City of Bremerton for the Initiative to be put on the General Election ballot on November 3, 1998 The Kitsap County Auditors cut -off date for getting a measure on the November 3, 1998 ballot is September 18, 1998. Can an Initiative Petition be published in a newspaper, on standard newsprint, with miscellaneous, unrelated printing on the back side, as, long as the Initiative Petition is in the proper form, size, and meets all legal requirements? The Washington State Attorney General's office says this is permissible. The Kitsap County Auditor's Office says this is permissible. Is this permissible and acceptable to the City of Bremerton for an Initiative Petition to be so submitted? Please state the regulations which cover this. Paul Drnjevic i I i i 1 City of Bremerton Fluoridation Petition Minimum signatures required = 2,159 Total signatures submitted = 3,075 Total valid signatures = 2,238 Total invalid signatures = 837 Breakdown of 837 invalid signatures - 77 — duplicate signature 371 — not registered in City of Bremerton 68 — signature did not match 322 — not registered 6 — not registered (7 instances of dual insufficiency) i i i i i i 1 i i I I i I RESOLUTION NO. A RESOLUTION of the City of Bremerton, Washington providing for the submission to the qualified electors of the City at the September 15, 1998 Primary Election, a Proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least twenty -five percent of the total votes cast for all candidates for Mayor at the last preceding City of Bremerton election, has been filed with the City Clerk as provided for in RCW 35 17 260 WHEREAS, the City Clerk, through the Kitsap County Auditor, on June 25, 1998, verified the sufficiency of the signatures thereto WHEREAS, RCW 35 17 260 provides for the matter to be presented to the City Council within 20 days of certification of sufficiency of signatures for either adoption of ordinance as proposed or to forward the initiative to election on September 15, 1998 WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the September Primary Election WHEREAS, the Bremerton City Council by passage of this Resolution takes no position on the proposition in forwarding this item to the County Auditor NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" be placed on the September 15, 1998 Primary Election BE IT FURTHER RESOLVED that the City Attorney shall draft and forward the appropriate ballot title to the County Auditor for the Proposition PASSED by the City Council of the City of Bremerton this 8 day of July, 1998 1 1 �., . _: iv� DAVID FARR, Council President ATTEST KATHLEEN L MCCLUSKEY, City Clerk I, Official Returns of the Special Election held in Kitsap County February 2, 1999 State of Washington r 1 OATH OF COUNTY AUDITOR STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) I, KAREN FLYNN, Auditor of Kitsap County Washington, do solemnly swear that the returns of the Special Election held on the 2nd day of February, 1999, in Kitsap County, State of Washington, have been in no way altered by additions or erasures and that they are the same as when they were deposited in the Auditor's office. Kitsa"ii County Auditor Subscribed and Sworn before me this 11th day of February, 1999. Chair, Board of Commissioners CERTIFICATION OF THE CANVASSING BOARD STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) The undersigned officers designated by law as constituting the Canvassing Board for the County of Kitsap, State of Washington, hereby certify that this is a full, true and correct copy of the Abstract of Votes cast at the Special Election held on the 2nd day of February, 1999, in Kitsap County, State of Washington; that the total number of active registered voters in all precincts was 124,258; the total number of inactive registered voters in all precincts was 15,309; the total number of all registered voters in all precincts was 139,567; and that the total number of votes cast in such precincts was 52z WITNESS our hands and official seal this 12th day of Feb nary, 1999. all Kits p County Auditor Chair, Board of Commissioners A 2--t 4 L.�az - ,, s p County Prosecuting Attorney M OF FINAL Page 1 14.56 20 11- Feb -1999 Combined Regular & Absentee Ballots KITSAP COUNTY OFFICIAL FINAL SPECIAL ELECTION FEBRUARY 2. 1999 Total Pct Total Pct Precincts Counted - TOTAL 228 100 00 BAINBRIDGE ISLAND PARK AND RECREATION DISTRICT Registered Voters TOTAL 124,258 PROPOSITION No 1 - GENERAL OBLIGATION BONDS Ballots Counted - TOTAL 52,434 42 20 BONDS YES 4.643 65 06 BONDS - NO 2.493 34 94 *** Total 7.136 100 00 * * * * **** PASSED * *mot* ** **9t1t*ir*iF,kirlr*k***"Jrir*ir KITSAP COUNTY PROPOSITION 1 SALES AND USE TAX FOR JAIL EXPANSION YES 28.876 55 51 NO 23,147 44 49 Total 52,023 100 00 PASSED CITY OF BREMERTON PROPOSITION No 1 - FLUORIDATION YES 3,154 44 99 NO 3,857 55 01 Total 7.011 100 00 FAILED BREMERTON SCHOOL DISTRICT 100•C PROPOSITION No 1 - SCHOOL SUPPORT LEVY LEVY - YES 5,376 56 76 LEVY - NO 4.096 43 24 Total 9,472 100 00 FAILED CENTRAL KITSAP SCHOOL DISTRICT 401 PROPOSITION No 1 - SCHOOL SUPPORT LEVY LEVY - YES 9,217 62 01 LEVY - NO 5.647 37 99 Total 14.864 100 00 PASSED NORTH MASON SCHOOL DISTRICT 403 PROPOSITION No 1 - MAINTENANCE AND OPERATION LEVY LEVY - YES 52 54 17 LEVY - NO 44 45 83 Total 96 100 00 CENTRAL KITSAP FIRE AND RESCUE PROPOSITION No 1 - INCREASE BOARD OF COMMISSIONERS YES 7.405 50 33 NO 7,309 49 67 Total 14,714 100 00 PASSED �A OFACIAL FINAL Page 1 14 57 02 11- Feb -1999 Absentee Ballots Only KITSAP COUNTY OFFICIAL FI NAL SPECIAL ELECTION FEBRUARY 2, 1999 Total Pct Total Pct Registered Voters - TOTAL 124,258 BAINBRIDGE ISLAND PARK AND RECREATION DISTRICT Ballots Counted • TOTAL 44,086 35 48 PROPOSITION No 1 - GENERAL OBLIGATION BONDS BONDS YES 2,763 58 72 BONDS NO 1,942 41 28 Total 4,705 100 00 KITSAP COUNTY PROPOSITION 1 SALES AND USE TAX FOR JAIL EXPANSION YES 23,534 53 77 NO 20,234 46 23 A ONLY Total 43,768 100 00 f *,t*�artwr *ter * *��,Mt* *,►- k * *�,�r� * ** CITY OF BREMERTON PROPOSITION No 1 - FLUORIDATION YES 2,488 44 60 NO 3,090 55 40 Total 5,578 100 00 BREMERTON SCHOOL DISTRICT 100 -C PROPOSITION No 1 - SCHOOL SUPPORT LEVY LEVY - YES 4,139 53 99 LEVY NO 3.527 46 01 Total 7,666 100 00 CENTRAL KITSAP SCHOOL DISTRICT 401 PROPOSITION No 1 - SCHOOL SUPPORT LEVY LEVY YES 7,292 59 40 LEVY NO 4,984 40 60 Total 12,276 100 00 NORTH MASON SCHOOL DISTRICT 403 PROPOSITION No 1 - MAINTENANCE AND OPERATION LEVY LEVY YES 44 50 57 LEVY NO 43 49 43 Total 87 100 00 err * *,k,t *��,t *,ter ** x,Mr *,� k *,�a�rt *ter * * * *,�•� *,� * * * * * *,r�r ** CENTRAL KITSAP FIRE AND RESCUE PROPOSITION No 1 - INCREASE BOARD OF COMMISSIONERS YES 6,017 49 11 NO 6,235 50 89 Total 12,252 100 00 OFFICIAL COMBINED ABS &POLLS KITSAP COUNTY FEBRUARY 2. 1999 SPECIAL ELECTION RUN DATE 02/11/99 03 00 PM REPORT -EL52 PAGE 0001 CITY OF BREMERTON PROPOSITION No 1 - FLUORIDATION WITH 47 OF 47 PRECINCTS REPORTING VOTES PERCENT VOTES PERCENT 01 = YES 3,154 44 99 02 = NO 3,857 55 01 01 02 0001 BREMERTON 1 58 112 0005 BREMERTON 5 61 121 0007 BREMERTON 7 50 63 0009 BREMERTON 9 54 98 0011 BREMERTON 11 66 95 0013 BREMERTON 13 58 57 0014 BREMERTON 14 23 57 0015 BREMERTON 15 41 88 0017 BREMERTON 17 19 53 0018 BREMERTON 18 32 72 0019 BREMERTON 19 52 56 0020 BREMERTON 20 44 64 0021 BREMERTON 21 71 102 0023 BREMERTON 23 52 79 0024 BREMERTON 24 43 79 0025 BREMERTON 25 110 108 0026 BREMERTON 26 54 61 0027 BREMERTON 27 72 79 0029 BREMERTON 29 64 67 0031 BREMERTON 31 249 206 0032 BREMERTON 32 33 41 0033 BREMERTON 33 60 69 0034 BREMERTON 34 43 58 0037 BREMERTON 37 185 201 0038 BREMERTON 38 12 6 0040 BREMERTON 40 117 111 0042 BREMERTON 42 100 118 0044 BREMERTON 44 137 166 0046 BREMERTON 46 143 211 0047 BREMERTON 47 17 33 0048 BREMERTON 48 89 117 0050 BREMERTON 50 66 57 0051 BREMERTON 51 4 4 0052 BREMERTON 52 137 143 0054 BREMERTON 54 80 62 0056 BREMERTON 56 102 112 0058 BREMERTON 58 204 196 0062 BREMERTON 62 117 188 0088 88 BREMERTON 88 14 28 0099 OLYMPIC 99 76 90 0107 BREMERTON 107 0 0 0108 BREMERTON 108 0 0 0109 BREMERTON 109 37 23 0159 BREMERTON 159 102 102 0296 BREMERTON 296 3 2 0298 BREMERTON 298 1 2 ORDINANCE NO. 4647 AN ORDINANCE to prohibit the addition of fluoride in any chemical form to the water system of the City of Bremerton and amending Chapter 15 02 of the Bremerton Municipal Code Section 1. New Section. Section 15 02 145 is hereby added as follows 15 02 145 PROHIBITING FLUORIDATION The water supply of the City of Bremerton shall not be artificially fluoridated, i e , that fluoride in any chemical form shall not be added, now or in the future, unless so ordamed by a majority of the voters in an open election Section 2. Effective Date. This ordinance shall become effective ten (10) days after the official certification of the February 2, 1999 special election, pursuant to state law aj= RD, Council President Approved this day of , 1999 �n L S H01 N, Mayor ATTEST KATHLEEN McCLUSKEY, City Clerk EFFECT 1 -W - AGENDA BILL BREMERTON CITY COUNCIL 4pr<< ?3, fit 7 1. SUBJECT: FOR AGENDA OF: PiVr±t7lbo 1997 ORIGINATING DEPT: Public Works & Utilities WATER FLUORIDATION ORIGINATOR: K. Cahall, Water Res Mgr �� 4 DATE SUBMITTED: April 9, 1997 y 2. CLEARANCES: (Comment on back 3. EXHIBITS: if necessary) Director, PW & it None City Attorney TOPIC WAS PRESENTED AT CITY COUNCIL STUDY SESSION OF MARCH 17 1997. PUBLIC HEARING REQUESTED ON APRIL 2, 1997 ENDORSEMENT INFORMATION [] APPROVED BY COUNCIL Pft4SIDENT F R SUBMITTAL: MAYOR 'j• L COUNCIL PRESIDENT L)"� 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City Council has been approached to consider the implemention of water fluoridation in the City of Bremerton water distribution system. Water fluoridation is a public policy decision. This public hearing is requested to gather input from water customers of the City of Bremerton. 5. RECOMMENDATION: The City Council administer a public hearing on water fluoridation on April 16, 1997. #e� Council action is requested ; Direct the Mayor to take no action at this time. -2) Direct Mayor to implem fluoridation as soon as practicable. 3 See Reverse 9. ESPONSIBLB OFFICIAL: runiic Works and Utilities Director ENFORCEMENT OFFICIAL: Water Resources Manager EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE 11. AGENDA BILL NO.: C7-7— 5. RECOMMENDATION - continued: 3) Approve Resolution placing a fluoridation proposition on the November General Election. 2. CLEARANCE COMMENTS 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 6. IMPACT ON NON - PASSAGE Lack of input from the City of Bremerton water customers. 7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES 8. RESEARCH SOURCES Draft Engineering Report Corrosion Control Facility, 1997 - prepared by Montgomery Watson Engineers for the City of Bremerton. Kitsap Council Health District, Health Status of Kitsap County, 1995. I I i I I ORDINANCE NO. 4647 AN ORDINANCE to prohibit the addition of fluoride in any chemical form to the water system of the City of Bremerton and amending Chapter 15 02 of the Bremerton Municipal Code Section 1. New Section. Section 15 02 145 is hereby added as follows 15 02 145 PROHIBITING FLUORIDATION The water supply of the City of Bremerton shall not be artificially fluoridated, i e , that fluoride in any chemical form shall not be added, now or in the future, unless so ordained by a majority of the voters in an open election Section 2. Effective Date. This ordinance shall become effective ten (10) days after the official certification of the February 2, 1999 special election, pursuant to state law SHEP RD, Council President Approved this A dk day of , 1999 7� LINN S HORTON, Mayor ATTEST KATHLEEN McCLUSKEY, City Clerk EFFECTWE D,-i ; - Rd ORDINANCE NUMS'L:R Y.Z,,V7 OF_BR�� O z Osman Of Ommmmsms TAX & LICENSE DIVISION 239 4th Street • Bremerton Washington 98337 • (360) 478 -5311 • FAX (360) 478 -5200 February 5, 1999 Paul Dmievic 2515 E 22nd St Bremerton WA 98310 Re Fluoride Ordinance Dear Mr Drnlevic• The Fluoride Ordinance will be number 4647 and will have the effective date of February 22, 1999, ten days after Certification of the Special Election Ballot of February 2, 1999 Upon the effective date a copy of this ordinance will be available upon request Sincerely, Paula J nston Deputy City Clerk PGJ /med �r Equal Opportunity Employer K.C. ELECTIONS ID'360- 337 -5769 FEB 05'99 14 19 No-005 P.01 ACCUWLAIW TOTALS UNOFFICIAL, 14.08.12 5•Feb•1999 Combined Regular & Absentee Ballots ,Page 1 KITSAP COUNTY ACCUMULATED TOTALS SPECIAL ELECTION FEBRUARY 2. 1999 # Total Pct otal Pct Precincts Counted • TOTAL 228 100 00 BAINBRIDGE ISLAND PARK AND RECREATION DISTRICT Registered Voters • TOTAL 124,268 PROPOSITION No 1 • GENERAL OBLIGATION BONDS Ballots Counted • TOTAL 52 130 41.95 BONDS • YES 4 608 65 06 BONDS • NO 2,475 34 94 + r+* arr* �eR�tx, Mww* rr�r* w, rk. k« �ewwwww,rw * *,r***� *wx *wwwrw*�t* Total _ 7,083 100 00 KITSAP COUNTY PROPOSITION 1 SALES AND USE TAX FOR JAIL EXPANSION YES 28,730 55 53 NO 23,006 44 47 Total 51,736 100 00 'oww*kk*w* CITY OF BREMERTON PROPOSITION No. i FLUORIDATION YES 3,127 44 93 NO • • • ` 3,832 55 07 Total 6,959 100 00 ee rk+ r rww *YHWk ****�Hr*k.rek* *xe,rk,�wr rk* *,t BREMERTON SCHOOL DISTRICT 1o0•C PROPOSITION No, 1 - SCHOOL SUPPORT LEVY LEVY - YES . 1 5,335 56 73 LEVY - NO . . , , , , . 4,069 43 27 Total 9.404 100.00 kk kkrkkkww* kkkkwM'ww CENTRAL KI15AP SCHOOL DISTRICT 401 PROPOSITION No. i SCHOOL SUPPORT LEVY LEVY - YES 9,147 61 94 LEVY • No . 5,621 38 06 Total 14 768 100 00 f***# NkFk kkkkWkkMM 4 # �* � *� *kf�*MrkkkfYw�Mk *{t**k****�*. NORTH MASON SCHOOL DISTRICT 403 PROPOSITION No. 1 - MAINTENANCE AND OPERATION LEVY LEVY • YES 52 54 17 LEVY • NO . 44 45 83 Total , . , 96 100 o0 CENTRAL KITSAP FIRE AND RESCUE PROPOSITION No. 1 • INCREASE BOARD OF COMMISSIONERS YES • 7 361 50 33 NO 7,265 49 67 Total . . . 14,626 100.00 OF Rb- - among N- -wwt •mea, PUBLIC WORKS AND UTILITIES 3027 Olympus Dnvc • Bmnat WA 98310 -4799 (360) 478 -5318 • FAX (360) 47g -5018 February 9, 1999 TO : John Law, City Council FROM: Gene S 1 ' amp ey, Director of Public Works and Utilities SUBJECT: Fluoridation Equipmimt Questions Virgil n,-1518 — le Street, Bremerton, WA 98337 In response to your and Virgil Oan&n's q��, we would like to following answers: provide the On Apri123,1997, the City Council, after a P ubli c voted to fluoridate the Ci of B p hearing on April 16, 1997, the Mayor to implement fluoiidan�onassoon d istribution Practicable. and directed On June 25, 1997, the City Council approved the am services agreement with the endaaent to the professional �waltant for the Corrosion Control Facility (CCF). The amendment included final design, construction operation and maintenance manuals for a fluoridation services and development of value of the amendm= was $37, 925, broken down into S29,725 fo the design and $8,200 for construction services. On February 18, 1998, the City Council approved the chemical feed pumps from APSCO, Inc. Two of the purchase of four (4) fluo ri d ation. The cost of the two fluoridation pumps were to used for approximately $I6,053. p accessones was On April 1, 1998, the City Council a to TEK Constnicti �� the bid in the amount of S937,315.58 Fluoridation Facih� Of the �coastnicti °n of the Corrosion Control and P Co $187,463.12 is the value of the fluondation Portion of facilriy, On September 9, 1998 the City C o uncil Drinking Water State Revolving Fund Loan for the Corrosion Co�01 Fac11t a and Reservoir #4 Cover in the amount of $1 t rtioa of tlhe '�'� not &D to the >i ose costs el oca hind Sb ST 66, LT 831 ZOZTOd 609 * 6goAi l) »nnrn,�uty Ismolurcr * - '1I1f1 'a Md NO183W38E[ 8T0S84t;092 - ► The start-up of the Corrosion Control Facility using water commenced on January 20, 1999 and completed by the end of January 1999. Startup of the fluoridation equipment using chemicals was postponed until after the February 2, 1999 election. Since the vote to fluoridate the City of Bremerton water distribution system did not pass, no sit -up of the fluoridation equipment using chemicals will be done. With the removal of the fluoridation equipment, the area dedicated to fluoridation within the building has a beneficial use to the Water Utility. Staff i's currently evaluating modification of the fluoridation portion of the facility for use as a storage area and/or workshop. This evaluation will be completed in the near Entire. Please give me call at 478 -5315 if you need additional information. /ga c: Mayor Lynn S. Horton Tom Knuckey, Senior Engineer/Utllitles Kathleen M. Cahall, Water Resources Manager S� ST 66, LT Had c0 /c ©d 609 - 1Iin '3 Md NU 13W3219 ST093 - V0957 G1g� OF B c z .......... PUBLIC WORKS AND UTILITIES 3027 Olympus Dnve •Bremerton, WA 98310 -4799 • (360) 478 -5318 •FAX (360) 478 -5018 February 10, 1999 William Hupe 7487 Woodridge Lane NW Bremerton, Washington 98311 Re: Fluoridation Issue Dear Mr. Hupe Thank you for your letter expressing concern about your not being allowed to vote on the recent fluoridation issue The process for the vote on fluoridation is dictated by Revised Code of Washington 35 17 regarding initiative petitions. By State law, only registered voters of the City of Bremerton were allowed to vote on this issue You may contact the City Clerk's Office at (360) 478 -5290 if you have further questions regarding the vote on the fluoridation issue We are sending a copy of our response to you to the Washington Utilities and Transportation Commission in Olympia for their information Please feel free to give us a call if you need additional information Since ely, W Eugene Sample , Director of Public Works and Utilities /ga c Mayor Lynn S. Horton City Council City Clerk's Office WA Utilities and Transportation Commission, Olympia, WA 98504 -7250 File * Equal Opportumty Employer OF 0 z noun■ 0 0 Evand PUBLIC WORKS AND UTILITIES 3027 Olympus Dnve • Bremerton, WA 98310 -4799 • (360) 478 -5318 • FAX (360) 478 -5018 February 2, 1999 Ms Joni McKeel 625 Roswell Drive Bremerton, Washington 98310 Re. Fluoridation Question Dear Ms. McKeel This letter is in response to your question called in today to our Customer Service/Response Section Only registered voters of the City of Bremerton will be allowed to vote on the fluoridation issue Tlus is set by Revised Code of Washington 35 17 regarding initiative petitions You may contact the City Clerk's Office if you have further questions regarding the vote on the fluoridation issue Please feel free to give us a call if you need additional information Sincerely, W Eugene Samp ey, E Director of Public Works and Utilities /ga c: Mayor Lynn S Horton City Council City Clerk * Equal Opportunity Employer . G1� OF O z woman o.ammwow PUBLIC WORKS AND UTILITIES 3027 Olympus Dnve • Bremerton, WA 98310 -4799 • (360) 478 -5318 • FAX (360) 478 -5018 February 1, 1999 George Brigham Pager No. (360) 613 -4574 FAX No (3 60) 396 -2702 Bremerton, Washington - Re: Fluoridation Questions Dear Mr Brigham This letter is in response to your questions called in today to our Customer Service/Response Section Only registered voters of the City of Bremerton will be allowed to vote on the fluoridation issue This is set by Revised Code of Washington 35 17 regarding initiative petitions You may contact the City Clerk's Office if you have further questions regarding the vote on the fluoridation issue The City of Bremerton services a total of 16,052 accounts, both within and outside of City limits, 10,025 of wluch are within City limits Please feel free to give us a call if you need additional information Sincere , W Eugene Sample , Director of Public Works and Utilities /ga C* Mayor Lynn S Horton City Council City Clerk Ann Finnegan, Utility Accounts Supervisor * Equal Opportunity Employer OF mamma Z Wmmma PUBLIC WORKS AND UTILITIES 3027 Olympus Dnve • Bremerton, WA 98310 -4799 • (360) 478 -5318 • FAX (360) 478 -5018 January 25, 1999 Ron Kennedy 58 Bridle Ridge Boulevard Bremerton, Washington 98311 - Re Fluondation Questions Dear Mr Kennedy This letter is in response to your questions called in to our Customer Service/Response Section on January 15, 1999 On January 15, 1999, Ann Finnegan, Utility Accounts Supervisor, provided you with the information as to the number of customers served by the Bremerton Water Utility outside of City limits On that same day, we left a message on your voice mail regarding the vote on the fluoridation issue, however, we did not hear back from you Therefore, for your information, only registered voters of the City of Bremerton will be allowed to vote This is set by Revised Code of Washington 35 17 regarding initiative petitions You may contact the City Clerk's Office if you have further questions regarding the vote on the fluondation issue Please feel free to give us a call if you need additional information Since ely, W Eugene Sampley, P E Director of Public Works and Utilities /ga C Mayor Lynn S Horton City Council City Clerk Kathleen M Cahall, Water Resources Manager * Equal Opportunity Employer P Karen Flynn Kitsap County Auditor — Elections & Voter Registration ee Paw— 1026 Sidney Avenue, Suite 175 • Port Orchard, Washington 98366 -4206 • (360) 337 -7128 Bnan Mohonc Chief Deputy A& Anwoola Financial Seances Manager CERTIFICATE OF SUFFICIENCY I hereby certify, in accordance with RCW 35 17 260 and RCW 35 17 280, that the number of registered voters within the City of Bremerton who signed the attached petition is over 25% of the total votes cast for all candidates for mayor at the last preceding City of Bremerton election WITNESS my hand and official seal of office affixed this 25th day of September 1998 ck KAA FLYNN Kitsap County Auditor AUDITOR ACCOUNTS AUTO RECORDING ADMINISTRATION ACCOUNTING PAYABLE PAYROLL LICENSING & MARRIAGES 337 -7129 337 -7125 337 -7122 337 -7123 3374440 337 -4935 Toll Free from Olalla 851 -4147 • Bainbridge Island 842 -2061 Applicable state statutes allow approximately 50 days for an Initiative Petition filing and review process which includes time for other contingencies such as amendments and appeals Using the Statute, the filing date would be July 28, 1998 The following schedule is made available These dates do not accommodate any contingencies as provided for in statute or otherwise 8/28/98 (Friday) Petition to be filed with City of Bremerton by close of business, 500pm 9/1/98 (Tuesday) City of Bremerton files petition with county for signature verification County requires petition by early morning on this date County requests five full days to verify 9/9/98 (Wednesday) County returns petition to City for placement on Agenda City policy requires that the council secretary receive all items by 12 00 noon on the Thursday (9/10/98) prior to the council meeting 9/16/98 (Wednesday) Resolution presented to council 9/18/98 (Friday) Resolution filed with County (By state law) � a Memorandum V TO Kathleen McCluskey, Admuustra ervices Director ' From Glenna Malanca, City Atto e Date 07/30/98 f Re Fluoridation Initiative Election .`•—te In addition to publication notices required by Chapter 29 27 RCW, I am attaclung a copy of RCW 35 17 310 which requires an additional publication You are directed to publish the Proposed ordinance in each of the daily newspapers in the City not less than 5 , nor more than 20 days prior to the election date If I am correct, The Sun is the only daily newspaper in Bremerton The notice rNwred in Chapter 29 27 RCW would presumably be accomplished by the County Auditor We should verify that Karen Flynn plans to fulfill tlus Chapter's requirements in the same publication for the i of the election issues in the Primary Also, br your information I attach copies of RCW 29 27 060, 065, and 067, relating to the ballot tiftwhieh is presented on the ballot for vote Our ballot title was filed on July 16 If the Clean Wafer group did not like the title, they needed to appeal to Superior Court within 10 days of that date But our appropriate ballot title was drafted pursuant to RCW 29 27 060 2927.074 ELECTIONS r CftTMCATES AVID NOTICES 9.27.080 A (4) A brief statement explaining the effect of the state measure Lib erences \ should It be approved. Constitutional Law 4-9( to C JS. Constitutional Law § to 14� (5) The total number of votes cast for and against the measure in Elections 4-39 CIS Elections § 71 both the state senate and house of representatives WSW Topic Nos. 9 , 144 Enacted by Laws 1965, ch. 9, § 29.27.074, eff. March 5, 1965. Amended by " 29.27.080. No cc of election- Certification of measures Laws 1967, ch. %, § 2. Historical and Statutory tes (1) Except as rovided in RCW 29.81A.060, notice for any state, ; ='s' county, district, municipal election, whether special or general, Somme: shall be given by at least one publication not more than ten nor less F Laws 1961 ch. 176, § 2 than three days prior to the election by the county auditor or the r Library References officer conducting the election as the case may be, in one or more Constitutional Law 4-9(1) to 9(3) CIS Constitutional Law §§ 12 to 14, newspapers of general circulation within the county. Said legal Elections 4-41 C J S Elections § 73 notice shall contain the title of each office under the proper party WESTLAW Topic Nos. 92 144. designation, the names and addresses of all officers who have been nominated for an office to be voted upon at that election, together 29.27 .076. Notice of constitutional amendments and state R with the ballot titles of all measures, the hours during which the debts - Explanatory statement polls will be open, and that the election will be held in the regular The attorney general shall, by the first day of July preceding each po places in each precinct, giving the address of each polling general election, prepare the explanatory statements required in place: Providecf, That the names of all candidates for nonpartisan RCW 29.27.074. Such statements shall be prepared in clear and offices shall be published separately with designation of the offices concise language and shall avoid the use of legal and other techni for which they are candidates but without party designation. This cal terms insofar as possible. Any person dissatisfied with the shall be the only notice required for a state, county, district, or explanatory statement so prepared may at any time within ten days municipal general or special election and shall supersede the provi- from the filing thereof in the office of the secretary of state appeal lions of any and all other statutes, whether general or special in to the superior court of Thurston county by petition setting forth nature, having different requirements for the giving of notice of any the proposed state measure, the explanatory statement prepared by general or special elections. the attorney general, and his objection thereto and praying for the (2) All school district elections held on February 5, 1980, at amendment thereof. A copy of the petition and a notice of such which the number and proportion of persons required by law voted appeal shall be served on the secretary of state and the attorney to authorize bonds or tax levies, are hereby validated regardless of general. The court shall, upon filing of the petition, examine the any failure to publish notice of such election. No action challeng- proposed state measure, the explanatory statement, and the objet• ing the validity of any such election may be brought later than April lions thereto and may hear argument thereon and shall, as soon as 15, 1980, or thirty days from June 12, 1980, whichever is later. ; r' possible, render its decision and certify to and file with the secre• Notice of provisions of this subsection shall be published within u! i tary of state such explanatory statement as it determines will meet five days after February 28, 1980, in a newspaper of general the requirement of RCW 29.27.072 through 29.27.076. The decision' ckculation within each county where a school district election was of the superior court shall be final and its explanatory statement held on February 5, 1980, and where notice of such election was not shall be the established explanatory statement. Such appeal shall published as provided in subsection (1) of this section. be heard without costs to either party. Bnacted by Laws 1%5, ch. 9, § 29.27.080, eff. March 5, 1965. Amended by Enacted by Laws 1965, ch. 9, § 29.27.076, eff. March 5, 1965. Amended by Laves 1980, ch 35, § 8, eff. Feb. 28, 1980; Laws 1984, ch. 106, § 12, eff. Jan. Laws 1967, ch. 96, § 3. L 1985. Historical and Statutory Notes Historical and Statutory Notes Somme: Effective date- 3everability -Laws Severability -Laws 1980, ch. 35: See Laws 1961, ch 176, § 3. t984, cL 106: See §§ 29 81A.900 and Historical and Statutory Notes follovang _ __ MA.901 4 28A 315 450 Library References Historical and Statutory Notes . r Municipal Corporations e=108 3 C J S Municipal Corporatnwam"s WESTLAW Topic Np 268 seq 1911, ch 116, § 21 § 9110 Notes of Decisions I Library References p I n general 1 Where validity of count tive ordinance is chaueng pal Corporations e-108 3 C J S Municipal Corporations § 455 et ! tory ,�udgment action, court has W Topic No 268. seq i. In general bility of determuung val ft City cannot be ordered by court to nance, at least insofar as sit& hold election on initiative ordinance ap m its wordin no �'.�0 Legislative— Initiative— Ballots PPaz'e g'� t ' where, because proposed ordinance has that this statute provides that - blots used for voting upon a proposed o ce shall be ptl become moot question, such election only determine sufficiency of wo e d bec edless usele a ct and wo uld re- where action is commenced ra° to those used at a general municl ction In that city and ' } sul e of public court order to hold ell oa ontaln the words for fi nance (stating the nature of funds Yakima v Huza (1965) 67 nance Yakima v Huza Wash.2d 351, 407 P 2d 815 Wash 2d 351, 407 P 2d 84.5. ~posed ordma d "against the ordinance" (stating the of the osed ordinance). ws 1965, ch 7, § 35.17 320, eff March 5, 1965. 35.17.300. Legislative— Initiative -- Conduct of eleetioa Publication of notice, the election, the canvass of the retlaril� Historical and Statutory Notes , ik declaration of the results, shall be conducted in all respect I other city elections. Any number of proposed ordinances i9n, ch 116, § 21 �r F, voted on at the same election, but there shall not be more § 9110 7 L special election for that purpose during any one six-months Library References Enacted by Laws 1965, ch 7, § 35 17 300, eff March 5, 1965. 1 - al Corporations e 3 C.J S Municipal Corporations § 455 et I, W Topic No 268 seq f ` r Historical and Statutory Notes Source: Laws 1911, ch 116, §§ 20, 21 RRS §§ 9109, 9110 7.330. Legislative— Initiative— Effective date — Record I � � Y I e number of votes cast thereon favor the proposed ordinance, Cross References become effective immediately and shall be made a part of f Canvassing returns, see § 29.13 040, ch 29 62 fiord of ordinances of the city Library References t by Laws 1965, ch 7, § 35 17 330, eff. March 5, 1965. Municipal Corporations ea108 3 CIS Municipal Corpo , t WESTLAW Topic No 268 seq tia Historical and Statutory Notes { 35.17.310. Legislative Initiative Aiotic f elec o� ill, ch 116, § 21 4 � § 9110 The city clerk shall cause any ordinance or proposition raq to be submitted to the voters at an election to be published Cross References E each of the daily newspapers in the city not less than five aw ea ordinances take effect, in general, see § 35 17 230 ,1 than twenty days before the election, or if no daily ne published in the city, publication shall be made in ea Library References j ! weekly newspapers published therein. This publication sha0 Corporations e-108 3 C.J S Municipal Corporations § 455 et addition to the notice required in chapter 29.27 RCW. �,AW Topic No 268 seq Enacted by Laws 1965, ch 7, § 35.17.310, eff. March 5, 1965. 323 .r'.1 322 s ,�k � I � j I � , s 29.27.050 y T'IFICATES AND N(VnCES 29.27.065 constitution, constitutional amendment or other state- county auditors, the names of all persons nominated for offices `$ question at the same time and in the same manner as the returns of which have been canvassed by the secretary cif ' titles to initiatives and referendums. Enacted by Laws 1965, ch. 9, § 29.27.050, eff. March 5, 1965. Amend b Laws 1965, ch. 9, § 29.27.060, eff. March 5, 1965. Amended by Laws 1965, Ex.Sess., ch. 103, § 7; Laws 1990, ch. 59, § 9, eff. July 2, 1~993, ist Ex.Sess,, ch. 118, § 1; Laws 1977, ch. 4, § 3, eff. Feb. 24, Historical and Statutory Notes Laws 1985, ch. 252, § 1. �, Intent - Effective date. -Laws 1990, RRS § 5173 Historical and Statutory Notes ch. S9: See Historical and Statutory Laws 1961, ch. 130, § 19 lhty Laws 1977, ch. 4+ See Laws 1913, ch 135, § 1 Notes following § 29.01.006.1 and Statutory Notes following RRS § 5271 Source 52.052. Laws 1953, ch 242, § 1 Laws 1889, p. 403, § 9. Library References 1889, p. 405, § 14 Elections e- 126(7), 156. Cross References wEsn AW Topic No. 144 dtles to initiatives and referendums, see § 29 79 040 et seq C.J.S Elections §§ 119, 135. of proposed initiatives by code reviser, see § 29 79 015. Notes of Decisions Library References Mandamus 1 Writ of mandate to compel am 4+175 of state to certify certain no ns W 144 county auditors, applied for less 1?lecfa Topic 1 is Noo. . 1. Mandamus week prior to election and when had already been certified and Supreme Court will grant writ of man - them printed, will be denied, Notes of Decisions date prohibiting secretary of state from reason is given why nominations 1 propositions, htmtation of 75 words m unauthorizedly certifying nominations not filed and tendered within ballot title as directory rather than man - for general election, where appeal could quired by law, fame not being " datory oj! A tqtqen 57 -58 No 61 f not be taken in time to furnish adequate able State ex rel Socialist La r remedy State ex rel LaFollette v Hui- \ - v Nichols (1908) 51 Wash. 7% _�r eml kle (1924) 131 Wash 86, 229 P 317 1087 ktsims of statute as applicable to t district bond and excess levy 29.27.060. Certification of measures - Ballot titles mss, Certification of measures -Noti o allot title 1i When a proposed constitution or constitutional amen other question is to be submitted to the people of the state for the filing of a ballot title as defined . -RCW 29.27.060, the wide popular vote, the attorney general shall prepare a of state, in event it is a state question, or the county statement posed as a question and not exceeding twenty in the event it is a county or other local question, shall containing the essential features thereof expressed in such a notify the persons proposing the measure of the exact a ner as to clearly identify the proposition to be voted upon. of the ballot title. I Questions to be submitted to the people of a county or mutti 'by Laws 1965, ch. 9, § 2917.065, eff. March 5, 1965. i ty shall also be advertised as provided for nominees for ! in such cases there shall also be printed on the ballot a Historical and Statutory Notes statement posed as a question and not exceeding seventy-five containing the essential features thereof expressed in such a ch. 242, § 3. ner as to clearly identify the proposition to be voted upon, HU statement shall be prepared by the city attorney for the city, ail Library References the prosecuting attorney for the county or any other subdivision of the state, other than cities, situated in the +aa175. { The concise statement constitutes the ballot title. The `N epic No 144 ` . .. .r . - .1- - ..,....... -A.* a +16. 1,a1lAt' .-. § 170 L^l 29.27.067 ELECTION - CERTIFICATES AND NOTICES 29.27.074 - 29.27.067 Certification of measures —Ballot title — Appeal to Notes of Decisions superior court + In general i Minor irregularities in wording of bal- lot title will not invalidate election, if If the persons filing any state or local question covered by RCW Y 7 electorate was not misled thereby. Mu- Y k 29.27.060 are dissatisfied with the ballot title formulated by the I. 1 � of use apprise voter of p ro- nici�ty of Metropolitan Seattle v se- t attor or p rosecuting p p attl (1960) 57 Wash.2d 446, 357 P 2d attorney general, cit ty y, p twig attorney prepariilr� ,ppoosal being considered. Munidpah of 863 Metropolitan d 446, 357 P 2d Seattle v. Seattle (196057 �ash.2 the same, they may at any time within ten days from the time of the p 863. c filing of the ballot title appeal to the superior court of Thurston county if it is a state -wide question, or to the superior court of the 2927.070. Repealed by Laws 1955, ch. 153, § 2 county where the question is to appear on the ballot, if it is a county or local question, by petition setting forth the measure, the ballot Historical and Statutory Notes I title objected to, their objections to the ballot title and praying for The repealed § 29 27.070, which relat- from Laws 1923. ch 53, § 6, RRS amendment thereof. The time of the filing of the ballot title, 8s ed to certification of measures under § 5148 -2. ; used herein in determining the time for appeal, is the time the i6tisohdated election laws, was derived ballot title is first filed with the secretary of state, if concerning a 29.27.072. Notice of constitutional amendments and state state -wide question, or the county auditor, if a local question, the debts — Method secretary of state or the county officer being herein called the "filing officer." The secretary of state shall cause notice of the proposed constitu- tional amendments and laws authorizing state debts that are to be A copy of the petition on appeal together with a notice thavan submitted to the people to be published at least four times during appeal has been taken shall be served upon the filing officer and the the four weeks next preceding the election in every legal newspaper ' official preparing the ballot title. Upon the filing of the petition on ka the state and shall supplement publication thereof by radio and appeal, the court shall forthwith, or at the time to which a hearing television broadcast as provided in RCW 65.16.130, 65.16.140, and may be adjourned by consent of the appellants, examine the pros 65.16.150. posed measure, the ballot title filed and the objections thereto and Enacted by Laws 1965, ch. 9, § 29.27.072, eff March 5, 1965. Amended by may hear arguments thereon, and shall as soon as possible render Laws 1967, ch. 96, § 1. - its decision and certify to and file with the filing officer such ballot Historical and Statutory Notes �- title as it determines will meet the requirements of this chapter: }` Y The decision of the superior court shall be final, and the title so Laws 1961, ch. 176, § i ; certified shall be the established ballot title. Such appeal shall be heard without cost to either party. Library References ; e Enacted by Laws 1%5, ch 9, § 29.27.067, eff. March 5, 1965. Constitutional Law O-9( to 9(3) CJ Constitutional Law §§ 12 to 14 ' Elections 4-39 +: C.J.S Elections § 71 et seq. , Historical and Statutory Notes WESTLAW Topic Nos. 92, 144 } Source: � 29.27.074. Notice of constitutional amendments and state 11 Laws 1953, ch 242, § 4 debts — Contents i Library References The notice provided for in RCW 29.27.072 shall set forth the i Elections e=+i75. following information: 1 i WESTLAW Topic No. 144 U.S. Elections § 170. U.S. A legal identification of the state measure to be voted upon. (2) The official ballot title of such state measure. { (3) A brief statement explaining the constitutional provision or 1 ` i sla te law as it presently exists. " ' K Memorandum To. Alan Wicks, Attorney for Washington Dental Association From: Glenna Malanca, Bremerton City Attorn(�w? Date: 06/25/98 Re: Anti Fluonde Imtrative Petition Dr Wallace Volz, a Bremerton dentist, suggested that I check in with you regarding the initiative petition filed with our Clerk Briefly, on April 23, 1997, the Bremerton City Council directed the Mayor to unplement fluoridation of the City's drinking water Various capitol improvements have been made to the City's water system, on schedule for commencement of fluoridation in November of this year One year after the Council action, the Bremerton Pure Water Association filed a complaint for miunctive relief and mandamus against the City We have defeated the request for a Wn"rary injunction, with an expedited trial on the merits on August 31, 1998 Please inform me if ym want to review any of the court documents The Citizens for Safe Water filed the initiative petti7on *n June 17 The County Auditor is certifying signatures, and will submit to the City on Friday, Jum 26 1 ant faxing copies of the initiative petition, State law which vests authority over domestic use of WAVY 10 the State Board of Health (RCW 43.20.050), WAC 246 - 290460 setting out the protocols for fluoridation if practiced; and headnotes from Kaul v. Chehalis for a glimpse of the municipal power ihyOved. By way of background, I am obtaining 32 Gonz L Rev 247, 49 Wash L Rev 55 and 60 Wash L Rev 911. Assist. Attorney General Jeff Even authored the Gonzaga article, and has generously conversed with me today I am still reviewing case law. My initial thoughts are The first 2 "whereases" in the proposed petition are at best misleading, but also appear to conflict with state law. The last two " whereases" are.. well, not the most relevant information out there There may be an argument that the ordinance as proposed conflicts with the state law that sets safe protocols for fluoridation Seattle Budding Council v Seattle, 94 Wn 2d 740 (1980) This case contains other relevant holdings, including the legislative versus administrative council action distinction Bidwe v Bellevue 65 Wn App 43 (1992) also addresses this distinction It can perhaps be argued that the State took the legislative action in delegating regulation of drinking water, including treatment, to the State Board of Health, and In setting safe protocols. Then the city administratively implemented fluoridation Also, the basic premise upon which the proposed ordinance is based is very questionable. My tentative thought is to certify and find sufficient the petition, d the signatures holdup. The consideration is to then seek an injunction to prevent the placement of the initiative on the ballot. r. }r r Nei r }i r r yr r STOP FLUORIDATION OF THE WATER SUPPLY OF BREMERTON, WASHINGTON * Warning Eveq pawn who aim thb paa6e edm rvf amen tMm 6b ar tie tree creme. or wM fmmta� dpi more tbeo roe of mess petlekon, a alpn • petltlm mtlo{ m elretbo when b a• eb b sd • tapd voter, mdpn a psalm wbw b w die b omerwbe sot gosMW m dpo, er wb md= hw ba W taw dahalem. shop be ploy of a mbdanemw INMATIVE PETITION FOR SUBMISSION BY THE PEOPLE To Kathleen McCluskey, City Clerk of the City of Bremerton, Washington We, the undersigned citizens and legal voters of the City of Bremerton. State of Washington. respectflilly direct that the proposed measure entitled "Stop Ruondation Of The Water Supply Of Bremerton, Washington ", a full, true and correct copy of whah is printed on this page, be submitted to the legal voters of the City of Bremerton for their approval or re at the special election to be held on the 15th day of September, 1998 and each of us for himself or herself says I have personally signed this petition, I am a legal voter of the State of Washington, in the City of Bremerton, County of Kitsap, my residence address is correctly stated, and I have knowingly signed this petition only once ORDINANCE NO AN ORDINANCE to prevent the addition of Auonde many chemical form to the water system of the City of Bremerton and its cnvumm WHEREAS, Fluoride compmmds used to Btmndate drinking water are toxic (pommmos) chemicals; and ' WHEREAS Many people such as the elderly and those with cardiovascular or kidney problems are unusually susceptible to the toxic tdreas of tluonde and its compounds, and WHEREAS, Many people seek to avoid or reduce then exposure to toxic chemicals m general and WHEREAS In 1961 the voters of Bremerton voted more dim two to one (2 to 1) agamst pua ndatng our water � THE CrrY OF BREMERTON DOES IEREBY ORDAiN Semm 1 Tbd tbwate mpply ofine Cay olBrasatm mar sat b amfauily auortdated: sit. this pumda m anv d,emocel fain dull na bead" row w m the f duet ml m ordemed by a rmjwdv (� Om A — S aC 3 Thd inn oidnanoe ahaa trazme e8miw tm (101 deya cram ma ppp and pubhotim Y �. -� Address Where Registered ox Vote , ^� Petitioner' Signature Date Print Name for Posttrve Identification sweat Nu a Rtaal Route attd Box Ntartber City or To C.✓� i 2 !� z e J� 0 0 ft12 Q - e r�- p�v 3 s- G- �. a s - 7 41 ere (4 3 -S P' A4, ,705 �(-, eqv eye %A.Aa/7a 6 «t 3 - g' k, a >_1 4 941 c--d 71 3-5-qq1 Al ancq V e.i-1 ar ct 1713 Gre or 10aq 10 5 /Z 074 t o 1 7q 7dmqk N- A a Y . 1 t 3 12 ' 3/ Y LEr roe'n!C a 137-5 Sr B�t'�eYE�7�v gtf3t2 5las-v� /S/ �g�m 7 q 3 14 2L� y t _ �l ws cL«� '� ?O (� / Yn °_ i G Ll, L c 4 _ 3 09 NA 4 Qre rt rz 47 3 15 b -Y— ,.ae..�2 C L4 - 1V Iz 0 17 y ,i 1 „ - _ t r t i 7 t �� r v 1 3rr 18 191 i $ L 1 1 C rE GOVERNMENT — EXECUTIVE STATE BOARD OF HEALTH 43.20.050 th— Members— Chairman, selec- In order to protect public health, t he s tate board of health shall Adopt rules and regulations for the protection of water suAnl_ 1� 1 be composed of six members for doniedtic use. and such other uses as m aff .e . .hP pUWiC designee and five other persons healt , and shall adopt standards and Procedures governing the eluding four persons experienced ecT sign, construction and operation of water supply, treatment ; and one person representing the storage, and distribution facilities, as well as the quality owat�er� hairman shall be selected by the delivered to the ultimate consumer, mbers appointed by him Adopt rules and regulations and standards for prevention, con - 30, eff March 5, 1965 Amended by I trol, and abatement of health hazards and nuisances related to the July 1, 1970 disposal of wastes, solid and liquid, including but not limited ; ad to sewage, garbage, refuse, and other environmental contami- NOS nants; adopt standards and procedures governing the design, con - department of health" ' p sewage, g arbage, shall have charge and supervision of the struction and operation of arba a refuse and other solid g Sunset Act application. See Reviser's waste collection ' treatment, and disposal facilities, and Note preceding this section Adopt rules and regulations controlling public health related to Effective date— Severability —Laws environmental conditions including but not limited to heating, light - 1970 Ex Sess , ch 18. See Historical mg, ventilation, sanitar p facilities, cleanliness and ace in all Note following § 43 20A 010 types of public facilities including but not limited to food service estab- Source: lishments, schools, institutions, recreational facilities and transient R S § o c h 7, § 56 accommodations and in places of work It shall have supreme authority in matters of quarantine, and eferences shall provide by rule and regulation procedures for the imposition and use of isolation and quarantine The board shall promulgate rules and regulations for the preven- Decisions tion and control of infectious and noninfectious diseases, including food and vector borne illness and rules and regulations governing change personnel of board in part . , State ex rel Lehman v Partlow (1922) the receipt and conveyance of remains of deceased persons, and 119 Wash 316, 205 P. 420 such other sanitary matters as admit of and may best be controlled 2 Funds by universal rule Accountability of health officers to the It may also enforce the federal government for money received Y public health laws of the state and the therefrom to aid the public health ser• rules and regulations promulgated by it thro gh the secretary of vice Op Atty Gen 1935-36, p 131 social and health services in local matters, when in its opinion an emergency exists and the local board of health has failed to act tlth— Cooperation with environ- with sufficient promptness or efficiency, or is unable for reasons beyond its control to act, or when no local board has been estab- lished, and all expenses so incurred shall be paid upon demand of the secretary of social . and health services by the local health .20A.610 by Laws 1979, ch. 141, department for which such services are rendered, out of moneys accruing to the credit of the municipality or the local health department in the current expense fund of the county. of state board of health All local boards of health, health authorities and officials, officers 1 have supervision of all matters of state institutions, police officers, sheriffs, constables, and all e life and health of the people of t other officers and employees of the state, or any county, city, or 36 287 CD Law Search Result Page 1 of 1 C 290- 46"Fluoridation of drinking 246290460 (1) y7here fluoridation is practiced,_ concentration of fluoride shall be maintained in the range 0 8 through 1.3 mg /L. Determination of fluoride concentration shall be made daily, and reports of such analyses shall be submitted to the department, in a format acceptable to the department, within ten days of the end of the reporting month Such analyses shall be made in accordance with procedures listed in the most recently published edition of Standard Methods for the Examination of Water and Waste Water. (2) Monthly check samples shall be taken downstream, at the first sample tap where adequate mixing has taken place, from each fluoride infection point. These samples should be taken at the same place and time as the routine daily check samples. The samples along with a completed form shall be sent to the state public health laboratory, or a laboratory certified by the state, to test fluoride A comparison of the results should then be made between samples analyzed in the field and the appropriate monthly check sample to assure the results are equivalent and field equipment is operating properly An increased sampling schedule may be applied by the department if necessary to assure the adequacy and consistency of fluoridation. [Statutory Authority: RCW 43 20.050. 91 -02 -051 (Order 124B), recodified as § 246- 290 -460, filed 12/27/90, effective 1/31/91. Statutory Authority. RCW 34 04 045 88 -05 -057 (Order 307), S 248 -54 -235, filed 2/17/88 Statutory Authority. RCW 43.20.050 83 -19 -002 (Order 266), S 248 -54 -235, filed 9/8/83 ] http //db cdlaw com/plweb- cgi/fastweb exe ?getdoc +view2 +WAC +17477 + ++ 6/18/98 CD Law Search Result Page 1 of 18 Kaul v Chehalis, 45 Wn.2d 616, 277 P.2d 352 (1954) . CITESEARCH - -- S -11 1954 � S 616 KAUL v CHEHALIS. 45 Wn 2d o� [No 32370. En Banc. December 2, 1954.] ARTHUR A. KAUL, Appellant, v. THE CITY OF CHEHALIS et al , (1 Respondents /1 (1] APPEAL AND ERROR - REVIEW - FINDINGS - CONCLUSIVENESS. Where the appellant does not question the findings of fact entered by the trial court, they become the established facts in the case. (2] HEALTH- POLICE POWER- PREVENTION OF COMMON DISEASES - DENTAL CARIES. Although dental caries is neither infectious nor contagious, it is a common disease of mankind, and, as such, its prevention and extermination come within the police power of the state. [3] MUNICIPAL CORPORATIONS- POLICE POWER - PUBLIC HEALTH A city ordinance providing that a source of fluoridation be added to the city water supply is not in conflict with general laws, nor does it detract from the constitutional and statutory grants to the city to make and enforce local police, sanitary, and other regulations. [4] SAME. Such an ordinance is not ultra vires simply because the police power is exercised through a municipal agency operated by the city in its proprietary capacity. (5) SAME. Where a city, in providing that a source of fluoridation be added to its water supply, acted in the exercise of its police power for the protection of public health to prevent the introduction and spread of dental caries among its citizens, the subject matter of such exercise of power and its expediency are beyond judicial control, except as they may violate some constitutional right guaranteed to its citizens (6) SAME -USE AND REGULATION OF PUBLIC WATER WORKS -DUTY TO FURNISH WHOLESOME WATER. It is the duty of a city operating a water system to furnish its citizens with wholesome water, free from contamination. [7] CONSTITUTIONAL LAW- PERSONAL RIGHTS - CONSTITUTIONAL GUARANTEES - HEALTH REGULATIONS- FLUORIDATION OF WATER SUPPLY. Where it appears that a city, after the fluoridation of its water supply, will continue to furnish wholesome water, the city's obligation to its citizens is fulfilled and none of their constitutional rights are violated. (8] HEALTH - POLICE POWER- PUBLIC HEALTH - REGULATION- SCOPE. The police power, exercised in the realm of public health, is not limited solely to the control of contagious diseases as distinguished from noncontagious diseases; and, under the police power, a health regulation may be an effective public measure without the existence of some immediate public necessity. (9] MUNICIPAL CORPORATIONS ORDINANCES - REFERENDUM EMERGENCY CLAUSE Where no referendum petitions were presented to the city --------- - - - - -- 1 Reported in 277 P 2d 352 http / /db cdlaw com/plweb- cgi/fastweb exe ?getdoc +viewl +decision+ 9910 +0++ %20and %20 %284MS[&m %20 CD Law Search Result Page 2 of 18 [6] See 23 A. L R 228; 25 Am. Jur. 303. Dec. 1954 KAUL v CHEHALIS 617 clerk within thirty days after an ordinance was passed, It is immaterial whether the ordinance properly specified an emergency. [101 SAME- POLICE POWER- PUBLIC HEALTH - FLUORIDATION OF WATER. A city which adds a source of fluoridation to its water supply is not thereby engaged in selling drugs, or practicing medicine, dentistry, or pharmacy as defined by statute. [111 SAME- FISCAL MANAGEMENT- APPROPRIATION OF FUNDS. The appropriation by a city of funds under an ordinance providing for the fluoridation of its water supply, to effect its purpose, is valid under applicable state law. GRADY, C. J., HILL, DONWORTH, and HAMLEY, JJ , dissent. Appeal from a judgment of the superior court for Lewis county, No. 21896, Murray, J., entered December 1, 1952, upon findings in favor of the defendants, in an action for injunctive relief, tried to the court Affirmed Karr, Tuttle & Campbell, Robert K Keller, and James B. Carroll, for appellant. Lee J. Campbell, for respondents WEAVER WEAVER, J.- Appellant challenges the validity of ordinance No 653 -A adopted June 25, 1951, by the city commissioners of the city of Chehalis. The ordinance provides "That a source of fluoridation approved by the State Department of Health be added to the water supply of the City of Chehalis under the rules and regulations of the Washington State Board of Health, such addition to be administered in a manner approved by the State Director of Public Health." [11 Appeal is taken from a judgment dismissing appellant's suit to enjoin the respondent city from fluoridating the city water supply pursuant to the above ordinance Appellant does not question the findings of fact entered by the trial court. The facts found, therefore, become "the established facts in the case." Rule on Appeal 43, 34A Wn.2d 47, as amended, effective January 2, 1953. In his memorandum opinion, the trial fudge said: "The questions to be determined by this court are purely legal and constitutional questions, and will be dealt with only from that standpoint It is of no consequence or 618 KAUL v. CHEHALIS 45 Wn.2d importance whether I personally approve or disapprove of fluoridation." With this we agree. Our discussion of the case will likewise be limited. Appellant is a taxpayer and a registered voter. He has lived in Chehalis for fourteen years. For the past eight http //db cdlaw com/plweb- cgi/fastweb exe ?getdoc +viewl +decision+ 9910 +0++ %20and %20 %284M2]Rvn % 20 A Memorandum To Kathy McCluskey, Administrative Services Director From Glenna Malanca, City Attorney Date 06/19/98 Re Fluoride Initiative Petition Section VIII of the City of Bremerton Charter provides for initiatives pursuant to RCW 35 17 240 through 35 17 360 There is a question as to whether the fluoride issue is subject to initiative, and recommendation is made that your cover letter to the County Auditor qualify your submission of signatures while our review and consideration continues The process relating to the Petition 1 Signatures are to be obtained and submitted to the City under the terms of RCW 35 21 005 The technical terms of the petition appear to have been met All signatures must be in ink, or indelible pencil Names, addresses, and the date of signing must follow the signature The County Auditor will confirm review of signatures under this statute 2 It is my opinion that this referenced section controls the City Clerk's submission to the County Auditor, within three working days of receipt Reasonable promptness is then required of the auditor The Auditor is to file with the City official (Clerk), a terminal date, which is date review begins by the County The concern is that RCW 35 17 280, passed in 1965, is still on the books, and requires the City Clerk to ascertain the sufficiency of the petition within 10 days of filing The recommendation is to have the County Auditor's certification by Friday, June 26, the ninth day after filing 3 The initiative petition is to be signed by registered voters of the City of Bremerton The qualified signatures must equal 25% of votes cast for all candidates for mayor at the last preceding city election(RCW 35 17 260) 4 If signatures are found insufficient, petitioners are given 10 days to amend, after the date of the certificate of insufficiency 1 June 19, 1998 5 If the Petition is found to be sufficient, RCW 35 17 260 provides for the matter to be passed by the City Council within 20 days of certification of sufficiency, or the Council can go directly to the election That choice should be made close in time to the County Auditor's certification A special election can be called no sooner than 45 days after certification, or if a general election will occur within 90 days, it can be placed on the ballot We should check with the Auditor as to available dates 6 If the petition is found insufficient, or if the Council refuses to consider the issue as required by RCW 35 17 260, an action may be commenced in Kitsap County Superior Court 7 Specifics of the possible election will be detailed in a following memorandum S MU-Nt - 9 CA 1 g i 2 i 06/25/98 11 15 FAX 360 895 3945 RC AUDITORS 9001 614 Division Street, MS-31- Port Orchard, WA 983W (360) 876 -7129 FAX (360) 895 -3945 Kit sap County Audito Fcax To: A OC4 S<E Fmnu AkW FLY F= Y7 J ;LVV Date: 6 - Xs .•� Phone: Phone: Pages: A 0 13 Urgent E3 For Review 13 Please Comment 13 Please Reply ❑ Please Recycle e Comments: 2, ) 0 ri L4 L4 a,�s5 C- Kathy McCluskey - Initiative petition- fluoride Page 1 From: Kathy McCluskey To: Malanca, Glenna Date: Fn, Jun 26, 1998 10 28 AM Subject: Initiative petition- fluoride Here's the dates we have to work with as I understand your memo 20 days from certification (6/25) is 7/14 (Tuesday) Last council meeting to hear issue is 7/8. This will have to go to Primary election because General is over 90 days from certification Primary election is 9/15, Resolution due to county 7/31. 1 assume if we are going to forward for election the resolution will be passed on 7/8 when it is presented to the council cc. mayor G OF x h O z woman .manage. .mane ADMINISTRATIVE SERVICES - Kathleen McCluskey, Director 239 4th Street - Bremerton, WA 98337 - (360) 478 -5290 - FAX (360) 478 -5200 June 19, 1998 Kitsap County Auditor Elections Division 614 Division Street Port Orchard, Washington 98366 Attention Suzanne Boltz Dear Suzanne Enclosed is a copy of our city charter and the Fluoride Initiative Petitions, pages 1 -160 Please note that our charter references RCW 35 17 240 through 35 17 360 The following provisions apply 1 Signatures are to be obtained and submitted to the City under the terms of RCW 35 21 005 2 The sufficiency of the petition must be determined within ten days of filing The petitions were received Wednesday afternoon, June 17, 1998 The city recommends receiving the County Auditors certification by Friday, June 26, 1998 (RCW 35 17 280) 3 The initiative petition is to be signed by registered voters of the City of Bremerton Qualified signatures must equal 25% of votes cast for all candidates for mayor at the last preceding city election (RCW 35 17 260) The submission of this petition to the County Auditor for certification does not constitute acceptance by the City of Bremerton as a valid petition The validity of the initiative petition is currently under review by the City Attorney Sincerely, Kathleen L McCluskey, Director Administrative Services KLM ch enclosure * Equal Opportunity Employer June 17, 1998 Kathleen McCluskey, City Clerk City of Bremerton 239 Fourth Street Bremerton, Wa 98337 Enclosed herewith please find 160 pages of Initiative Petition entitled "Stop Fluoridation of the Water Supply of the City of Bremerton," containing 3,135 petitioner signatures. We request that you acknowledge receipt by signing and returning one copy of this letter as indicated below. Sincerely, Paul DrnDevic, President Citizens for Safe Water P.O.Box 493 Bremerton, Washington 98337 ---------------------------------------------------------- Receipt of abovementi.oned petition is hereby adknowledged. 4 F, � -- -- k M�t CQ" �, Dat Kathleen McCluske , C t Clerk Y Y City of Bremerton, Washington alb —— il �c�pUO i 1 3 �sIF ACI -.1 C5� ('� ,� J ?S'v�, ��ro-._aR.`.�.oS�.- a- „��. - �t�p-twt • ��w� — OFFICIAL FINAL Page 1 7:59:09 7:59:09 19•Nov•1997 combined Regular &Absentee Ballots � ELECTION - O FFICIA L FINAL K3TSAP COUNTY WASHINGTON NOVEMBER 4. 1997 Total Pct Total Pct Precincts Counted • TOTAL 228 100.00 STATE OFFICE Registered Voters - TOTAL . . . 119.668 Ballots Counted - TOTAL . . . . . . 73,598 61.50 STATE SENATOR STATE MEASURES LEGISLATIVE DISTRICT 35 - 1 Yr unexpired term DEN • TIM SHELDON 7.685 60.87 REP • DICK TAYLOR . . . . . . . 4.174 33 06 INITIATIVE TO THE PEOPLE No. 673 RFM - CHARLES CRAWFORD 662 5.24 YES • • • • • . . . . 21,817 31.01 WRITE-IN 105 0.83 NO • • • • • • • • • . 48.533 68.99 Total . . . 12,626 100.00 Total . . . . . . 70,350 100.00 INITIATIVE TO THE PEOPLE No. 676 CITY OFFICES YES • • • • • • . . . . . . 20,942 28.60 NO • • • • • • • • . • . 52,276 71.40 CITY OF BAINBRIDGE ISLAND Total . . . . . . . . . 73,218 100.00 MAYOR 4 Year term JACK MACARTHUR . . . . . . . . 3.950 47.07 INITIATIVE TO THE PEOPLE No. 677 DWIGHT SUTTON . . . . . . . 4.354 51.88 YES . . . . . . . . . . . . . 27.305 37.77 WRITE -IN . . 88 1.05 NO • • • • • • . • • . . 44.982 62.23 Total . . . . . . . . . 8.392 100.00 Total . . . . . . . . . 72.287 100.00 CITY OF BAINBRIDGE ISLAND INITIATIVE TO THE PEOPLE No. 678 COUNCIL DISTRICT No. 4 - 4 Year term YES • • • • • • • . . . . . 38,489 52.90 MERRILL ROBISON . 4,008 53.94 NO • • • • • • • • . . . . 34.274 47.10 SANDY (SANDRA) MARTIN . . . . . . . 3,377 45.44 Total . . . . . . . . 72.763 100 00 WRITE -IN 46 0 62 Total . . . . 7.431 100 00 INITIATIVE TO THE PEOPLE No. 685 YES • • • • • • • • • . . . . 29,432 40.57 CITY OF BAINBRIDGE ISLAND NO • • • • • • • . 43.116 59.43 COUNCIL DISTRICT No. 5 4 Year term Total . . . . . . . 72,548 100 00 JIM LLEWELLYN 4,173 55 41 SHEILA CROFUT 3,324 44 14 REFERENDUM BILL 47 WRITE -IN . . 34 0 45 YES • • • • • • • 47.062 67 28 Total . 7.531 100.00 NO • • • • • • • • . 22,890 32.72 Total . . . . . . 69.952 100.00 CITY OF BAINBRIDGE ISLAND COUNCIL DISTRICT No. 7 - 4 Year term HOUSE JOINT RESOLUTION 4208 ANNETTE LANCY . 3,356 45 27 rES • • • • • • • • • • . . . 36,054 50.61 LIZ MURRAY . 4,013 54 13 VO • • • • • • • • . 35,182 49 39 WRITE -IN . . 45 0 61 Total . . . . . . 71.236 100 00 Total 7.414 100 00 SOUSE JOINT RESOLUTION 4209 » » » » » » » » » » > > > >> » »» » » » »» » » »» rES 44,029 63 31 10 • • • • • • • • 25,517 36.69 CITY OF BREMERTON Total 69,546 100 00 MAYOR 4 Year term LYNN HORTON . . . . . 4.323 50 07 ROD JOHNSON 4,247 49.19 WRITE -IN 64 0.74 Total 8,634 100 00 AGENDA BILL BREMERTON CITY COUNCIL ?3, r�t7 1. SUBJECT: FOR AGENDA OF: A A i � ( ft ft 26 7 T 97 ORIGINATING DEPT: Public Works & Utilities WATER FLUORIDATION ORIGINATOR: K. Cahall. Water Res Mgr DATE SUBMITTED: April 9, 1997 2. CLEARANCES: (Comment on back 3. EXHIBITS: if necessary) Director, PW & 11 None City Attorney TOPIC WAS PRESENTED AT CITY COUNCIL STUDY SESSION OF MARCH 17, 1997. PUBLIC HEARING REQUESTED ON APRIL 2, 1997. ENDORSEMENT INFORMATION [] APPROVED BY COUNCIL Pft4SIDENT F R SUBMITTAL: MAYOR 'j• 4L COUNCIL PRESIDENT w"L q�� 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City Council has been approached to consider the implemention of water fluoridation in the City of Bremerton water distribution system. Water fluoridation is a public policy decision. This public hearing is requested to gather input from water customers of the City of Bremerton. 5. RECOMMENDATION: The City Council administer a public hearing on water fluoridation on April 16, 1997. Ne —ate• Council action is requested at this Direct the Mayor to take no action at this time. -2) Direct Ma yor to i fluoridation as soon as practicable. 3 See Reverse 9. ESPONSIBLE OFFICIAL: runiic Works and Utilities Director ENFORCEMENT OFFICIAL: Water Resources Manag6r EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE 11. AGENDA BILL NO.: 5. RECOMMENDATION - continued: 3) Approve Resolution placing a fluoridation proposition on the November General Election. 2. CLEARANCE COMMENTS 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 6. IMPACT ON NON - PASSAGE Lack of input from the City of Bremerton water customers. 7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES 8. RESEARCH SOURCES Draft Engineering Report Corrosion Control Facility, 1997 - prepared by Montgomery Watson Engineers for the City of Bremerton. Kitsap Council Health District, Health Status of Kitsap County, 1995. CITY OF BREMERTON 239 4TH STREET BREMERTON WA 98337 FAX NUMBER (360) 478 -5200 FAX COVER SHEET DATE SENT: (2 f2l«,J-) TIME: TO: FAX NUMBER: SENDER: SUBJECT: NUMBER OF PAGES INCLUDING COVER SHEET: T COMMENTS: tM Karen Flynn Kitsap County Auditor Elections & Voter Registration 1026 Sidney Avenue, Suite 175 • Port Orchard, Washington 983664206 • 060) 876 -7128 Briar% Mohoric cal D4xily Ad6 Arlwoola FftnW Smim Al mW August 3, 1998 City of Bremerton @��`' Administrative Services 239 4th Street Bremerton WA 98337 Dear Sir. Attached is a copy of the pioposcd ballot title from the Kitsap County Prosecuting Attorney for the measure submitted under Resolution No 2658 to be placed on the September 15, 1998 Special Election ballot. Please review the wording on the proposed ballot title and indicate your `approval' or `approval with changes noted' where indicated and return to this office (fax number 360 -895- 3945). 'ro meet printing deadlines please return this no later than August 7, 1998, Please contact the Elections Department at 876 -7128 with any questions you may have. Sincerely, Dolores Gilmore Elections Manager AUDITOR ACCOUNTS AUTO RECORDING ADMINiS?RATIpN ACCOUNTING PAYABLE PAYROLL LICENSING & MARRIAC,ES 8767129 876 -712S 8767122 876 -7123 876.7131 8767133 Toll fntc from Foulsbn/Kingston 698 -3368 • Olalla 851.4147 • Bainbridge Island 842 -2061 TO d STO'oN �2'bl 86,20 9fld 69ZS- S68- 092'QI SNOI133�3 3 N CITY OF BR.EMERTON PROPOSITION 1 Shalt the City of Bremerton continue the implementation of fluoridation of drinking water in its municipal water system? (Pursuant to City Resolution No. 2658) YES NO BALLOT APPROVAL RESOLU MN N0. QQ MA R K APPROPRIME BOX 19 APPRUM) CORRLCTIONS NOTED C] AU�7� UR{ZE�SIGNAT fiU � DATE ZO d SZO *ON �24T 86,£0 9fld 69ZS- S68- 092•QI SNOI103�3 '0 N TRANSMISSION VERIFICATION REPORT TIME 08/04/1998 15 10 NAME ADMIN SERVICES FAX 3604785200 TEL 3604785290 DATEJIME 08/04 15 09 FAX NO /NAME 98953945 DURATION 00 00.27 PAGE(S) 02 RESULT OK MODE STANDARD ECM Interoffice e o Dade: 7/13/98 To: Menlynn Erhart Fmm Kathleen McCluskey RE Voters Pamphlet Attached are the rules for the Committee statements for the Voters Pamphlet Please note that it requires the legislative authority of the jurisdiction to formally appoint a committee Also, the "fore and "against' statements are due at the Auditors office on Tuesday 814/98 and that the rebuttal statements are due Friday 8/7/98 We need to schedule appointment of the committees no later than the 8/22 council meeting to provide sufficient time to prepare statements They should be provided with a copy of these rules as soon as appointed We should have the initial statements due in your office by Friday, July 31 (that gives them over a week) You should fax the statements to the Auditor and to each group to prepare their rebuttals by Friday, August 7 1 '. The rebuttals should be given to your office no later than 8/7 to fax to the county Give me a can with any questions Cc Paula Johnston 7/13198 Confidential 1 Interoff erne Dabm 7/13/98 To: Menlynn Erhart CON From Kathleen McCluskey RE Voters Pamphlet , Attached are the rules for the Committee statements for the Voters Pamphlet Please note that it requires the legislative authonty of the junsdichon to formally appoint a committee Also, the "for' and "against' statements are due at the Auditors office on Tuesday 8/4/98 and that the rebuttal statements are due Friday 8/7/98 We need to schedule appointment of the committees no later than the 8/22 council meeting to provide sufficient time to prepare statements They should be provided with a copy of these rules as soon as appointed We should have the initial statements due in your office by Friday, July 31 (that gives them over a week) You should fax the statements to the Auditor and to each group to prepare their rebuttals by Friday, August 7 The rebuttals should be given to your office no later than 8/7 to fax to the county Give me a call with any questions Pc Paula Johnston *13/98 Confidenbal 1 Interoffi Me o Dabar 7/13/98 To: Menlynn Erhart ca Front Kathleen McCluskey IRS Voters Pamphlet Attached are the rules for the Committee statements for the Voters Pamphlet Please note that it requires the legislative authority of the jurisdiction to formally appoint a committee Also, the "for" and "against' statements are due at the Auditors office on Tuesday 8/4/98 and that the rebuttal statements are due Friday 817/98 We need to schedule appointment of the committees no later than the 8/22 council meeting to provide sufficient time to prepare statements They should be provided with a copy of these rules as soon as appointed We should have the initial statements due in your office by Friday, July 31 (that gives them over a week) You should fax the statements to the Auditor and to each group to prepare their rebuttals by Friday, August 7 The rebuttals should be given to your office no later than 817 to fax to the county Give me a call with any questions Cc Paula Johnston 7/13198 Confidential 1 e Local Voters' Pamphlet Specifications for Committee Statements for Ballot Measures - 1998 Primary and General responses accepted beginning Monday, June 15. Due to printing deadlines, committees are encouraged to send in responses as early as possible. Primary Election Measures Deadline — Tuesday, August 4, 1998 General Election Measures Deadline — Monday, September 21, 1998 Committees to Write Statements "For" and "Against" Ballot Measures After the submission of a measure from a jurisdiction that is included in the Local Voters' Pamphlet, the legislative authority of thatjunsdiction shall- 1 Formally appoint a committee to prepare a statement advocating the voters' approval of the measure, and 2. Formally appoint a committee to prepare a statement advocating the voters' refection of the measure The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating refection If the authonty fails to make such appointments. the county auditor shall in conjunction with the Local Voters' Pamphlet Advisory Committee. make the appointments No committee shall have more than 3 members, however, a committee may seek the advice of any person or persons in preparing their statement(s) The committee shall elect from among their members a chairperson and shall immediately notify the county auditor of the names, addresses and telephone numbers of the committee members Length of Statements and Rebuttals Statements "for" and "against measures appearing in the Local Voters' Pamphlet shall not exceed 150 words except that the committee may use up to 4 headings to summarize and identify mayor arguments or portions of the statement for the convenience of the reader and such headings shall not be included in the computation of the number of words in the statement Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall not exceed 75 words and must address only issues raised in the opposing statement without infecting issues not previously discussed by either the statement "for" or "against" that measure Hearings are not permitted to connection with rebuttal statements I Restrictions on the Style of Statements All statements published in the Local Voters' Pamphlet shall be of substantially similar format and style. To promote such consistency, the following standards of format have been established 1. Statements shall be typed, double spaced, on white, 8' /z" x 11 " paper 2 The chairperson name, address and telephone number, measure name and whether statement is "for" or "against" shall appear on the top of each page of the statement 3 The statement shall be typed in paragraph style without tables, lists, graphs or other material requiring multiple indentation 4 Words, phrases and sentences which are italicized, underlined, capitalized or emphasized in some other manner will be typeset in bold, it is recommended that committees avoid such exaggerations as they will reduce the readability of the statement Deadline for Submission of Statements and Rebuttals Primary Election Statements "for" or "against" measures appearing in the Primary Election Local Voters' Pamphlet shall be submitted to the county auditor by Tuesday, August 4, 1998 The county auditor will submit a draft copy back to the committee for verification by Wednesday, August 5, 1998 If the statement is rejected by the auditor's office, the committee has until Thursday, August 6, 1998 to appeal the decision. Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall be submitted to the county auditor by a member of the committee by Friday, August 7, 1998. If the rebuttal is rejected by the auditor's office, the committee must appeal the same day Extensions to deadlines may be made as deemed necessary by the county auditor and shall apply to all jurisdictions equally. Decisions on appeals are final General Election Statements "for" or "against" measures appearing in the General Election Local Voters' Pamphlet shall be submitted to the county auditor by Monday, September 21, 1998. The county auditor will submit a draft copy back to the committee for verification by Wednesday, September 23, 1998 If the statement is rejected by the auditor's office, the committee has until Thursday, September 24, 1998 to appeal the decision Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall be submitted to the county auditor by a member of the committee by Thursday, September 24, 1998 If the rebuttal is rejected by the auditor's office, the committee must appeal the same day Extensions to deadlines may be made as deemed necessary by the county auditor and shall apply to all jurisdictions equally. Decisions on appeals are final 2 Fees No fees shall be charged to committees submitting materials to be included in the Local Voters' Pamphlet The cost of the Local Voters' Pamphlet shall be considered an election cost to those jurisdictions included in the pamphlet and shall be prorated in the manner provided in RCW 29.13 045. Content By law, the county auditor is required to reject any statement which contains any obscene, vulgar, profane, scandalous, libelous or defamatory matter, or any language which in any way cites, counsels, promotes or advocates hatred, abuse, violence, and hostility toward, or which tends to cause ridicule or shame upon any person or group of persons by reason of sex, race, color, religion or manner of worship Editing of Statements In a publication of this magnitude, it is inevitable that the material submitted for publication may contain some inadvertent errors in spelling, punctuation or syntax which could adversely affect the readability of the statement and/or unfairly prejudice the statement or confuse the voters The county auditor may correct such incidental errors as long as this does not affect the content of the statement The Auditor's Office is not obligated, however, to make such corrections and will assume no responsibility for errors which result from inaccuracies in the original statement submitted by the committee Unacceptable Statements If any portion of the statement is rejected, only that rejected portion may be re- written and submitted for inclusion in the statement The committee proposing the statement may appeal any refection to the county auditor or submit a revised statement The county auditor shall render a decision within 2 working days of the appeal This decision shall be considered final due to time constraints SEND OR BRING STATEMENTS TO Kitsap County Auditor - Elections Division Attn: Local Voters' Pamphlet 1026 Sidney Avenue, Suite 175 Port Orchard, WA 98366 -4206 (Located in Givens Community Center) The office hours are 8 00 a m. to 4 30 p.m. 3 1998 LOCAL VOTERS' PAMPHLET IDENTIFICATION OF STATEMENT COMMITTEES FOR BALLOT MEASURES Jurisdiction Proposition Check One FOR AGAINST Committee Members: Chairperson Name Title / Organization Address Telephone Number FAX Number Name Title / Organization Address Telephone Number Name Title / Organization Address Telephone Number I hereby certify that the above -named individuals have been appointed and have consented to serve as indicated and the name, titles and organizations should be listed in the official Local Voters' Pamphlet in the manner set forth above Chairperson of Committee Date 4 op OF B G� O z aNUNN �� ADMINISTRATIVE SERVICES 239 4th Street •Bremerton, WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 July 16, 1998 Karen Flynn Kitsap County Auditor 614 Division Street Port Orchard, Washington 98366 Dear Ms Flynn Enclosed is the original and one certified duplicate copy of Resolution 2658 approving the submittal of a proposition to determine if Bremerton should fluoridate its water supply This should be placed on the September 15, 1998 primary election ballot Also enclosed is the Ballot Title prepared by Bremerton City Attorney Glenna Malanca Please sign and date the duplicate resolution and return to my attention Sincerely, Paula Johnston Deputy City Clerk PJ ch enclosure cc Glenna Malanca * Equal Opportunity Employer =use ■e among CITY OF BREMERTON • 239 4th Street • Bremerton, WA 98337 CITY OF BREMERTON Date of Filing: July 16, 1998 Date of Election: September 15, 1998 Ballot Title: SHALL THE CITY OF BREMERTON CONTINUE THE IMPLEMENTATION OF FLUORIDATION OF DRINKING WATER IN ITS MUNICIPAL WATER SYSTEM? • Celebrating 50 Years of Freedom • Y t eP RESOLUTION NO. JUL 161998 AUDIT0,', :: ti, , , A RESOLUTION of the City of Bremerton, Washington KITSAP GOUN T Y providing for the submission to the qualified electors of the City at the September 15, 1998 Primary Election, a Proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least twenty -five percent of the total votes cast for all candidates for Mayor at the last preceding City of Bremerton election, has been filed with the City Clerk as provided for in RCW 35 17 260 WHEREAS, the City Clerk, through the Kitsap County Auditor, on June 25, 1998, verified the sufficiency of the signatures thereto WHEREAS, RCW 35 17 260 provides for the matter to be presented to the City Council within 20 days of certification of sufficiency of signatures for either adoption of ordinance as proposed or to forward the initiative to election on September 15, 1998 WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the September Primary Election WHEREAS, the Bremerton City Council by passage of this Resolution takes no position on the proposition in forwarding this item to the County Auditor NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" be placed on the September 15, 1998 Primary Election BE IT FURTHER RESOLVED that the City Attorney shall draft and forward the appropriate ballot title to the County Auditor for the Proposition PASSED by the City Council of the City of Bremerton this 8 day of July, 1998 al �& DAVID FARR, Council President ATTEST 3TATEOFWASHINQTON "LS COUNTY OF KITSAP The Above and foregoing is Hereby Certified to a true and correct copy of: KATHLEEN L MCCLUSKEY, City Clerk QtyC40ft OF D G� O z .loon .Ransom. Mason ADMINISTRATIVE SERVICES 239 4th Street • Bremerton, WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 July 16, 1998 Karen Flynn Kitsap County Auditor 614 Division Street Port Orchard, Washington 98366 Dear Ms Flynn Enclosed is the original and one certified duplicate copy of Resolution 2658 approving the submittal of a proposition to determine if Bremerton should fluoridate its water supply This should be placed on the September 15, 1998 primary election ballot Also enclosed is the Ballot Title prepared by Bremerton City Attorney Glenna Malanca Please sign and date the duplicate resolution and return to my attention Sincerely, 4� 4 Paula Johnston Deputy City Clerk PJ ch enclosure cc Glenna Malanca * Equal Opportunity Employer �t AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT Appointment of FOR AGENDA OF: July 22, 1998 Committees to prepare statements ORIGINATING DEPT: Admin. Services for Local Voters Pamphlet ORIGINATOR: K. McCluskey DATE SUBMITTED: July 14, 1998 2. CLEARANCES (comment on back 3. EXHIBIT if necessary) Rules ENDORSEM�E,NT k INFORMATION_ APPROVED BY COUNCIL P =DENT BMITTAL: l n� A MAYOR _-x�.� G� COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION Under the Local Voters' Pamphlet Specifications for Committee Statements for Ballot Measures, the city legislative authority must formally appoint a committee to prepare a statement advocating approval of the fluoride measure and a committee to prepare a statement advocating rejection of the fluoride measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating the measure and shall appoint persons known to oppose the measure to serve on the committee advocating rejection. No committee shall have more than 3 members, however a committee may seek the advice of any person or persons in preparing their statement. (continued on next page) 8. RECOMMENDATION Motion to approve recommended appointments to the committees to prepare for and against statements for the fluoride ballot measure. 9. RESPONSIBLE OFFICIAL: City Council ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. OTTQF OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: - / 1 2. CLEARANCE COMMENTS (cont.J 4. SUMMARY STATEMENT (cont.) For and against statements are due at the Kitsap County Auditor's Office on Tuesday, 8/4/98, and rebuttal statements are due Friday, 8/7/98. In order to meet this timeline a committee should be appointed this evening and provided with a copy of the specifications. For and against statements should be provided to the council Legislative Assistant no later than 7/31/98. She will provide the statements to the Auditor and to each group to prepare their rebuttal statement which should be provided to the Legislative Assistant no later than 8/7/98. It is recommended that the following be appointed to the committee advocating approval of the fluoride ballot measure: 1. Dr. Willa Fisher, M.D. 2. Clark W. "Bill" Biedel, M.D. 3• Wallace C. Volz Jr., D.D.S. It is recommended that the following be appointed to the committee advocating rejection of the fluoride ballot measure: 1. Ruth Natividad 2. Teresa Findlay 3. Paul Drnj evic 5. IMPACT ON NON - PASSAGE County will make appointments. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None. 7. RESEARCH SOURCES 6� Local Voters' Pamphlet Specifications for Committee Statements for Ballot Measures -1998 Primary and General responses accepted beginning Monday, June 15. Due to printing deadlines, committees are encouraged to send in responses as early as possible. Primary Election Measures Deadline — Tuesday, August 4, 1998 General Election Measures Deadline — Monday, September 21, 1998 Committees to Write Statements "For" and "Against" Ballot Measures After the submission of a measure from a jurisdiction that is included in the Local voters' Pamphlet, the legislative authority of that jurisdiction shall I < 1. Formally appoint a committee to prepare a statement advocating the voters' approval of the measure, and 2 Formally appoint a committee to prepare a statement advocating the voters' refection of the measure The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection If the authority fails to make such appointments, the county auditor shall, in conjunction with the Local Voters' Pamphlet Advisory Committee, make the appointments No committee shall have more than 3 members, however, a committee may seek the advice of any person or persons in preparing their statement(s) The committee shall elect from among their members a chairperson and shall immediately notify the county auditor of the names, addresses and telephone numbers of the committee members Length of Statements and Rebuttals Statements "for" and "against measures appearing in the Local Voters' Pamphlet shall not exceed 150 words, except that the committee may use up to 4 headings to summarize and identify major arguments or portions of the statement for the convenience of the reader and such headings shall not be included in the computation of the number of words in the statement Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall not exceed 75 words and must address only issues raised in the opposing statement without injecting issues not previously discussed by either the statement "for" or "against" that measure Hearings are not permitted in connection with rebuttal statements i Restrictions on the Style of Statements All statements published in the Local Voters' Pamphlet shall be of substantially similar format and style. To promote such consistency, the following standards of format have been established. 1 Statements shall be typed, double spaced, on white, 8'/2" x 11" paper 2 The chairperson name, address and telephone number, measure name and whether statement is "for" or "against" shall appear on the top of each page of the statement. 3 The statement shall be typed in paragraph style without tables, lists, graphs or other material requiring multiple indentation. 4 Words, phrases and sentences which are italicized, underlined, capitalized or emphasized in some other manner will be typeset in bold; it is recommended that committees avoid such exaggerations as they will reduce the readability of the statement. Deadline for Submission of Statements and Rebuttals Primary Election Statements "for" or "against" measures appearing in the Primary Election Local Voters' Pamphlet shall be submitted to the county auditor by Tuesday, August 4, 1998. The county auditor will submit a draft copy back to the committee for verification by Wednesday, August 5, 1998. If the statement is rejected by the auditor's office, the committee has until Thursday, August 6, 1998 to appeal the decision. Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall be submitted to the county auditor by a member of the committee by Friday, August 7, 1998 If the rebuttal is rejected by the auditor's office, the committee must appeal the same day Extensions to deadlines may be made as deemed necessary by the county auditor and shall apply to all jurisdictions equally. Decisions on appeals are final General Election Statements "for" or "against" measures appearing in the General Election Local Voters' Pamphlet shall be submitted to the county auditor by Monday, September 21, 1998. The county auditor will submit a draft copy back to the committee for verification by Wednesday, September 23, 1998 If the statement is rejected by the auditor's office, the committee has until Thursday, September 24, 1998 to appeal the decision Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall be submitted to the county auditor by a member of the committee by Thursday, September 24, 1998 If the rebuttal is rejected by the auditor's office, the committee must appeal the same day Extensions to deadlines may be made as deemed necessary by the county auditor and shall apply to all jurisdictions equally Decisions on appeals are final 2 No fees shall be charged to committees submitting materials to be included in the Local Voters' Pamphlet. The cost of the Local Voters' Pamphlet shall be considered an election cost to those jurisdictions included in the pamphlet and shall be prorated in the manner provided in RCW 29.13 045. Co ntent By law, the county auditor is required to reject any statement which contains any obscene, vulgar, profane, scandalous, libelous or defamatory matter, or any language which in any way cites, counsels, promotes or advocates hatred, abuse, violence, and hostility toward, or which tends to cause ridicule or shame upon any person or group of persons by reason of sex, race, color, religion or manner of worship Editing of Statements In a publication of this magnitude, it is inevitable that the material submitted for publication may contain some inadvertent errors in spelling, punctuation or syntax which could adversely affect the readability of the statement and/or unfairly prejudice the statement or confuse the voters The county auditor may correct such incidental errors as long as this does not affect the content of the statement The Auditor's Office is not obligated, however, to make such corrections and will assume no responsibility for errors which result from inaccuracies in the original statement submitted by the committee Unacceptable Statements If any portion of the statement is rejected, only that rejected portion may be re-written and submitted for inclusion in the statement The committee proposing the statement may appeal any refection to the county auditor or submit a revised statement The county auditor shall render a decision within 2 working days of the appeal. This decision shall be considered final due to time constraints SEND OR BRING STATEMENTS TO Kitsap County Auditor - Elections Division Attn: Local Voters' Pamphlet 1026 Sidney Avenue, Suite 175 Port Orchard, WA 983664206 (Located in Givens Community Center) The office hours are 8 00 a m to 4 30 p m 3 a' 1998 LOCAL VOTERS' PAMPHLET IDENTIFICATION OF STATEMENT COMMITTEES FOR BALLOT MEASURES Jurisdiction Proposition Check One FOR AGAINST Committee Members: Chairperson Name Title / Organization Address. Telephone Number FAX Number Name Title / Organization Address - Telephone Number Name Title / Organization Address Telephone Number I hereby certify that the above -named individuals have been appointed and have consented to serve as indicated and the name, titles and organizations should be listed in the official Local Voters' Pamphlet in the manner set forth above Chairperson of Committee Date 4 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT Fluoride Initiative FOR AGENDA OF: July 8, 1998 Petition ORIGINATING DEPT: Admin. Services A. Ordinance No. ORIGINATOR: K. McCluske` or DATE SUBMITTED: July 1, 1998 VM -1 - B. Resolution No. 441f 2. CLEARANCES : ( comment on Aack 3. EXHIBITS i cessar A. Ordinance # Attorney B. Resolution #CGS ENDORSEMENT_ INFORMAL ON_ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT .d 4. SUMMARY STATEMENT A ND REQUIREMENT FOR COUNCIL ACTION The Fluoride Initiative Petition was certified by the County Auditor on June 25th, 1998. RCW 35.17.260 provides for the matter to be presented to the Council within 20 days of certification of sufficiency of signatures. The Council must: A. Pass the Ordinance as proposed in the Initiative Petition stating that the water supply of the City of Bremerton shall not be artificially fluoridated or; B. Pass Resolution # l S8 authorizing the placing of the proposition on the September 15, 1998 Primary Election. 8. RECOMMENDATION Possible Motions: A. Motion to approve the ordinance prohibiting fluoridation on first read OR B. Motion to pass Resolution #-c24-.4 placing a proposition on the 9/15 8 Primary Election. 9. RESPONSIBLE OFFICIAL: Admin, Svcs. Dir, ENFORCEMENT OFFICIAL: Admin, Svcs, Dir, EXPIRATION DATE: REVIEW DATE: 0 ACTION 10. PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: a C�o 1. AGENDA BILL NO: r . 2. CLEARANCE COMMENTS (cont 4. Slafl Y STATEMENT (cont.) 5. IMPACT ON NON - PASSAGE Required by law. G 6. IMPACT ON STAFFING BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES We will be billed for our percent of election costs. 7. RESEARCH SOURCES RCW Karen Flynn Kitsap County Auditor— Elections & voter Registration eiNO 1026 Sidney Avenue, Suite 175 • Port Orchard, Washington 983664206 • (360) 876 -7128 Brian Mohoric Chief Deputy Aft Artwoola Randal Seffta Manager CERTIFICATE OF SUFFICIENCY I hereby certify, in accordance with RCW 35.17.260 and RCW 35.17.280, that the number of registered voters within the City of Bremerton who signed the attached petition is over 25% of the total votes cast for all candidates for mayor at the last preceding City of Bremerton election. WITNESS my hand and official seal of office affixed this 25th day of June 1998. L KAR)EN FLYNN Kitsap County Auditor AUDITOR ACCOUNTS AUTO RECORDING ADMINISTRATION ACCOUNTING PAYABLE PAYROLL LICENSING do MARRIAGES 8767129 8767125 876.7122 876 -7123 8767131 876 -7133 Toll Free from Poulsbo/Kingston 698 -3368 • Olalla 8514147 • Bainbridge Island 842 -2061 RECEIPT FOR PETITION We, the undersigned, do hereby certify that we received on Cl , 19 at from petition(s) numbered A ww � o- / /4d , with an estimated 3 1 0 0 signatures. (signed) E'l ectid Official (signed) /` El ction icia ACKNOWLEDGED BY: Pit I t oner or B 0 n.... z .uan.■ anon. ADMINISTRATIVE SERVICES • Kathleen McCluskey, Director 239 4th Street • Bremerton, WA 98337 • (360) 478 -5290 • FAX (360) 478 -5200 June 19, 1998 � Ir Kitsap County Auditor y Elections Division JAN 614 Division Street Port Orchard, Washington 98366 KITS Attention Suzanne Boltz Dear Suzanne Enclosed is a copy of our city charter and the Fluoride Initiative Petitions, pages 1 -160 Please note that our charter references RCW 35 17 240 through 35 17 360 The following provisions apply 1 Signatures are to be obtained and submitted to the City under the terms of RCW 35 21 005 2 The sufficiency of the petition must be determined within ten days of filing The petitions were received Wednesday afternoon, June 17, 1998 The city recommends receiving the County Auditors certification by Friday, June 26, 1998 (RCW 35 17 280) 3 The initiative petition is to be signed by registered voters of the City of Bremerton Qualified signatures must equal 25% of votes cast for all candidates for mayor at the last preceding city election (RCW 35 17 260) The submission of this petition to the County Auditor for certification does not constitute acceptance by the City of Bremerton as a valid petition The validity of the initiative petition is currently under review by the City Attorney Sincerely, Kathleen L McCluskey, Director Administrative Services KLM ch enclosure * Equal Opportunity Employer AGENDA BILL BREMERTON CITY COUNCIL gpril A rat 7 1. SUBJECT: FOR AGENDA OF: 7 ORIGINATING DEPT: Public Works & Utilities +r WATER FLUORIDATION ORIGINATOR: K. Cahall, Water Res Mar �►IW" DATE SUBMITTED: April 9, 1997 Y YYY 2. CLEARANCES: (Comment on back 3. EXHIBITS: if necessary) Director, PW & it None City Attorney TOPIC WAS PRESENTED AT CITY COUNCIL STUDY SESSION OF MARCH 17, 1997. PUBLIC HEARING REQUESTED ON APRIL 2, 1997. ENDORSEMENT] INFORMATION [] APPROVED BY COUNCIL P SIDENT F R SUBMITTAL: MAYOR 'j• L COUNCIL PRESIDENT &A'D� 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City Council has been approached to consider the implemention of water fluoridation in the City of Bremerton water distribution system. Water fluoridation is a public policy decision. This public hearing is requested to gather input from water customers of the City of Bremerton. 5. RECOMMENDATION: The City Council administer a public hearing on water fluoridation on April 16, 1997. Ne— e#tiar Council action is requested at this ti *^n yJ1� 7b; Direct the Mayor to take no action at this time. ..-2) Direct Mayor to impleme fluoridation as soon as practicable. 3 See Reverse 9. ESPONSIBLE OFFICIAL: eunlic Works and Utilities Director ENFORCEMENT OFFICIAL: Water Resources Manager EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: (� 0�t� 11. AGENDA BILL NO.: 5. RECOMMENDATION - continued: 3) Approve Resolution placing a fluoridation proposition on the November General Election. 2. CLEARANCE COMMENTS 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 6. IMPACT ON NON - PASSAGE Lack of input from the City of Bremerton water customers. 7. I_MPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES 8. RESEARCH SOURCES Draft Engineering Report Corrosion Control Facility, 1997 - prepared by Montgomery Watson Engineers for the City of Bremerton. Kitsap Council Health District, Health Status of Kitsap County, 1995.